Supreme Court rejects plea seeking to ‘establish facts’, prevent misuse of VD Savarkar’s name

The Supreme Court on Tuesday rejected a public interest litigation petition seeking to include the name of Hindutva ideologue VD Savarkar in the schedule of the 1950 Emblems and Names Prevention of Improper Use Act to prevent its misuse, Live Law reported.

The Act was formulated to prevent the improper use of certain emblems and names for professional and commercial purposes.

A bench of Chief Justice BR Gavai and Justice Augustine George Masih was hearing a petition alleging that Congress leader Rahul Gandhi was violating fundamental duties by making remarks about Savarkar.

During the hearing, the petitioner told the court that he had been researching Savarkar for 30 years and wanted to “establish certain facts” about the Hindutva ideologue in a legally verifiable manner, Bar and Bench reported.

He requested the court to issue directions to the Lok Sabha speaker to include Savarkar in the schedule to the Emblems and Names Prevention of Improper Use Act, Bar and Bench reported.

The petitioner argued that Gandhi, who is the leader of the Opposition in the Lok Sabha, cannot impede his fundamental duties.

In response, the court asked the petitioner: “What is your fundamental right violation in this?”

The court said that it did not find any grounds to intervene and that it cannot entertain “writs like this”.

The bench also said that a petition under Article 32 would be entertained...

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