Pune Court Orders Summons Trial Against Rahul Gandhi in Savarkar Defamation Case

Pune, 8th April 2025: A Pune court on Monday ruled that the defamation case filed against Congress leader and Leader of Opposition in the Lok Sabha, Rahul Gandhi, will proceed as a summons trial rather than a summary trial. The case was filed by Satyaki Savarkar, a descendant of Hindutva ideologue Vinayak Damodar Savarkar, over remarks made by Gandhi during a speech in London in March 2022.

Special Judicial Magistrate Amol Shinde delivered the ruling in a six-page order, stating that the case involves complex legal and factual issues that warrant a full trial rather than an expedited one.

“In cases under Section 500 of the Indian Penal Code, which deals with criminal defamation, the punishment can extend to two years in prison, a fine, or both. Such cases fall under the summons category as per procedural law,” the court said in its order. “Given the intricacy of facts raised by the accused, especially those involving historical interpretation, this case is not suitable for summary proceedings, which do not allow for in-depth evidence and detailed cross-examination.”

The judge added that under Section 260 of the Criminal Procedure Code (CrPC), a magistrate may try certain offences in a summary manner if deemed appropriate. However, in this case, a summary trial would not serve the interests of justice.

“Even during the progress of a trial, if it is found unsuitable to proceed summarily, the law allows the court to switch to a summons trial,” the court noted. “Trying this case as a summons case ensures fairness and will not cause prejudice to either party.”

The court scheduled the next hearing for April 25, when Rahul Gandhi is expected to formally record his plea.

At an earlier hearing, Gandhi’s legal counsel, Milind Pawar, argued that the nature of the case required a more thorough judicial process. “Summary trials do not accommodate comprehensive witness testimonies or cross-examinations,” he said. “We had requested the court under Section 258 of the CrPC to convert the trial so both sides can present full evidence.”

He also emphasized that Gandhi’s statements should be viewed in the context of his constitutional right to free speech. “The purpose of a criminal trial is to uncover the truth, and the defence must be allowed to present all necessary facts,” Pawar said.

In contrast, Satyaki Savarkar’s advocate, Sangram Kolhatkar, alleged that the application to shift to a summons trial was a delaying tactic. “The accused is attempting to prolong the case under the guise of procedural fairness,” he claimed. “We have already provided sufficient evidence to show that defamatory statements were made without any factual basis.”

The case stems from Rahul Gandhi’s controversial comments referencing Savarkar during his speech in London, which led to political backlash and multiple complaints across the country, including this one filed in Pune.