The Supreme Court on Friday criticised Congress leader Rahul Gandhi for saying that Hindutva ideologue VD Savarkar had collaborated with the British, Bar and Bench reported.

A bench of Justices Dipankar Datta and Manmohan was hearing a petition challenging an Allahabad High Court order that refused to quash the summons issued to Gandhi by a Lucknow magistrate court for making remarks about Savarkar that were alleged to be discriminatory.

The court, however, stayed the criminal defamation proceedings against the Congress leader.

The defamation case was filed on a complaint by lawyer Nripendra Pandey, who alleged that the leader of Opposition in the Lok Sabha insulted Savarkar during his Bharat Jodo Yatra in November 2022 by saying that Savarkar was a British servant who received a pension from colonial authorities.

The bench said that Gandhi’s comments about Savarkar were irresponsible. The court verbally warned the Lok Sabha MP that it would initiate suo motu action if he made similar statements again.

“You have a good point on law and you will get a stay,” Bar and Bench quoted the bench as saying. “But any further statement by him [Gandhi] will be taken up suo motu. No words on our freedom fighters. They gave us freedom and we treat them like this?.”

Datta asked if Mahatma Gandhi could be called a servant of the British for having used the term “your faithful servant” in his letters to the viceroy, Live Law reported.

The bench also said that Rahul Gandhi’s grandmother and former Prime Minister Indira Gandhi had praised Savarkar.

“Let him not make irresponsible statements about freedom fighters,” Live Law quoted Datta as saying.

In June 2023, an additional chief judicial magistrate dismissed Pandey’s complaint. The complainant challenged the order before the sessions court. The sessions court allowed the plea and remanded it back to the Lucknow magistrate court, which issued summons to Rahul Gandhi in December.

The Congress leader had challenged the order before the High Court, which refused to set aside summons on April 4.