New Delhi, May 27 (HS): The Supreme Court dismissed a petition seeking to add VD Savarkar’s name to the Emblems and Names (Prevention of Improper Use) Act, 1956. Petitioner Pankaj Phadnis argued that Rahul Gandhi, the Leader of Opposition, was violating fundamental duties by criticizing Savarkar. The bench, consisting of Chief Justice BR Gavai and Justice AG Masih, concluded that no fundamental right of the petitioner had been violated. During the hearing, CJI Gavai questioned the basis for claiming a fundamental right violation, noting that Article 32 petitions only address such violations. Phadnis asserted that Gandhi's comments impeded his fundamental duties under Article 51A.
The bench advised that if the petitioner wished to integrate Savarkar's contributions into educational curricula, he should approach the Union of India, to which Phadnis confirmed he had already submitted a representation. Ultimately, the court ruled the requested reliefs were not applicable under Article 32, emphasizing that a name listed in the 1956 Act must comply with conditions set by the Central Government. Previously, Justice Dipankar Datta also criticized Gandhi's remarks about Savarkar.
Hindusthan Samachar / Jun Sarkar