SC dismisses plea to clarify ‘facts’, protect Savarkar’s name in the Emblems Act

Hindutva ideologue Veer Damodar Savarkar

The Supreme Court on Tuesday (May 27, 2025) rejected a plea seeking to protect Hindutva ideologue VD Savarkar’s name under the Emblems and Names (Prevention of Improper Use) Act, 1950.

Appearing before a Bench headed by Chief Justice of India B.R. Gavai, petitioner-in-person Pankaj Phadnavis said the court must allow him to set right and establish certain historical facts concerning Savarkar to stop misunderstandings about him.

The petition had arraigned the Leader of Opposition (LoP) in the Lok Sabha as a party respondent in the writ petition.

The LoP, Congress leader Rahul Gandhi, was recently cautioned by the Supreme Court for his remarks against Savarkar. Mr. Gandhi had reportedly remarked that the Hindutva ideologue had addressed himself as a “most obedient servant” to the colonial British authorities in his letters. The remarks were made during the Bharat Jodo Yatra in 2024.

On April 24, the Supreme Court, while staying a trial court summons issued to Mr. Gandhi, in a complaint filed about his remarks, criticised him for making “irresponsible” comments against freedom fighters like Savarkar. The Bench had even warned that Mr. Gandhi would not get similar interim relief if he repeated the act.

On Tuesday, 65-year-old Mr. Phadnavis said he had researched Savarkar for years and must be allowed to clear the air about his legacy. The petitioner said it was a fundamental duty under Article 51A of the Constitution to undertake this task.

“The Leader of Opposition cannot impede my fundamental duties,” he submitted.

However, the Bench questioned whether any of his fundamental rights under the Constitution had been violated, prompting him to approach the apex court in a writ petition.

“We cannot entertain writ petitions like this. We do not find any ground to intervene. The relief sought cannot be granted. Plea rejected,” Chief Justice Gavai recorded, dismissing the case.