Savarkar defamation: Pune court rejects Rahul Gandhi plea for disclosure of complainant's family tree

A Pune court recently rejected a plea filed by Lok Sabha Leader of Opposition Rahul Gandhi (LoP) who had claimed that the complainant in the Vinayak Savarkar defamation case, Satyaki Savarkar, had deliberately concealed material facts regarding his maternal lineage — specifically, that he is the grandson of Gopal Vinayak Godse, the younger brother of Mahatma Gandhi's assassin Nathuram Godse [Satyaki Savarkar v. Rahul Gandhi]. .Gandhi had sought directions from the Court to Satyaki Savarkar to disclose his maternal lineage/ family tree but Judicial Magistrate (First Class) Amol Shriram Shinde rejected the plea.The Court said that the case is not related to the family tree of the complainant and the same was not in dispute before the Court. Hence, the same need not be disclosed or probed, the Court stated."The case is not related or family tree of late Smt. Himani Ashok Savarkar is not disputed in this case. Therefore, this court does not find any merits in the application of the accused. There is also no need to send matter for further investigation. Hence the application sans merits and same is liable to be rejected," the order dated May 28 said.Satyaki filed the defamation suit accusing Gandhi of making defamatory remarks against the Hindutva ideologue Vinayak Damodar during a March 2023 speech in London. Satyaki claimed that Gandhi had cited an incident from Savarkar’s writings in which the latter had described an assault on a Muslim man as "pleasurable".Satyaki denied the existence of such a passage in Savarkar's writings and moved the Court seeking Gandhi’s conviction under Section 500 (defamation) of the Indian Penal Code along with compensation under Section 357 CrPC..In response to the same, Gandhi alleged that Satyaki “deliberately, systematically, very brilliantly avoided, and suppressed” disclosing his maternal family tree, which establishes a direct familial link to the Godse family which is pertinent in deciding the defamation case.“As per information, mother of complainant late Smt. Himani Ashok Savarkar is daughter of Gopal Vinayak Godse, younger brother of Nathuram Vinayak Godse, who killed father of nation Mahatma Gandhi on 30/01/1948 and was hanged along with his accomplice Narayan Apte on 15/11/1949,” Gandhi stated. Gandhi's application highlighted that Himani Ashok Savarkar, the complainant's mother, was not only Gopal Godse’s daughter and Nathuram Godse’s niece but also an active political figure associated with Hindutva organisations such as Abhinav Bharat and Akhil Bhartiya Hindu Mahasabha.According to Gandhi, the Godse and Savarkar families share ideological and blood ties and this historical connection is crucial to assessing the reputation and legacy of Vinayak Damodar Savarkar, which lies at the heart of the defamation claim..Gandhi also asserted that Satyaki's familial association holds significant relevance for the court in evaluating whether defamation occurred or not.Although Satyaki has submitted two versions of his paternal family tree in the court record, Gandhi contended that no effort was made to disclose or explain his maternal lineage, despite its legal and historical relevance. .Therefore, Gandhi sought a direction from the court to Satyaki to file an affidavit disclosing his maternal family tree. Should he fail to do so, Gandhi requested that the matter be referred for further investigation under Section 173(8) CrPC to Vishrambag Police Station, Pune.This plea by Gandhi has now been rejected.The defamation suit is yet to be heard on merits.Earlier in May, the Court had allowed Gandhi's request to convert the case from a summary trial to a summons trial, a procedural change that permits the introduction of broader documentary and historical evidence — a move Gandhi justified by claiming his remarks were based on verifiable historical sources..Advocate Milind Pawar appeared for Gandhi.Advocate Sangram Kolhatkar appeared for Savarkar..[Read Order]