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Bombay High Court Refuses to Compel Rahul Gandhi to Read Up on Savarkar

Citing Supreme Court precedent, the bench highlighted a criminal defamation case in Pune as the appropriate forum for the dispute.

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HC rejects PIL on Rahul Gandhi’s comments on Savarkar
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Overview

  • Pankaj Kumudchandra Phadnis, founding president of Abhinav Bharat Congress, filed a PIL asking the court to direct Rahul Gandhi to study his petition and published works on Savarkar.
  • A division bench led by Chief Justice Alok Aradhe and Justice Sandeep Marne ruled that under Article 226 it lacked authority to compel a legislator to read specific materials.
  • The High Court referenced the Supreme Court’s May 27 order that dismissed Phadnis’s plea to include Savarkar in the Emblems and Names Act.
  • Justices noted that a criminal defamation suit filed by Savarkar’s grandnephew against Gandhi is pending before a special MP/MLA court in Pune, with evidence set to begin July 29.
  • The bench suggested that Phadnis seek relief through defamation proceedings rather than a public interest litigation.