A researcher has moved the Bombay High Court seeking that the defamation case against Congress leader Rahul Gandhi for his remarks against Hindutva ideologue be stayed, Live Law reported.

The petitioner, Pankaj Phadnis, has contended that the Pune court hearing the case was exceeding its jurisdiction by “trying to determine whether Savarkar was brave or coward”.

Phadnis argued that the court was indulging in “judicial indiscipline and passing perverse orders”, Live Law reported.

The petitioner, who claims to have “expert knowledge” of VD Savarkar’s life, filed an interim application in the Bombay High Court on Wednesday in a public interest litigation he initiated in 2024 to raise awareness about the Hindutva ideologue.

He approached the High Court after the Special MP/MLA Court in Pune rejected his plea to intervene in the ongoing criminal defamation case against Rahul Gandhi.

The Pune court had imposed a fine of Rs 20,000 on Phadnis, saying his application had wasted judicial time, The Hindu reported.

The main case stems from a complaint filed by VD Savarkar’s grandnephew Satyaki Savarkar in April 2023 against Rahul Gandhi, accusing him of making false and malicious remarks about his uncle during an event in London in March 2023.

Phadnis has asked the High Court to stay the proceedings and appoint an amicus curiae to examine whether the evidence being recorded by the special court is relevant to the original complaint filed by Satyaki Savarkar.

“An individual’s contribution to freedom struggle and whether he was brave or not cannot be subject matter of judicial determination,” Live Law quoted the plea as saying. “That lies in the domain of the Parliament, which has already spoken on the subject by displaying his portrait in the Parliament by unanimous consent.”

Phadnis said the Pune court should limit its consideration to whether VD Savarkar had written about beating up a Muslim man as claimed by Rahul Gandhi and should not examine wider questions of political history.

Phadnis said he decided to intervene after reading reports of testimonies given by Satyaki Savarkar during cross-examination.

On June 15, Satyaki Savarkar had told the Pune court that VD Savarkar wrote 10 mercy petitions to the British.

Phadnis’ plea also refers to VD Savarkar’s views on secularism, including his belief that different religions add “beauty” to Indian society, like different colours make a rainbow beautiful, Live Law reported.

It also states that some of VD Savarkar’s followers had done a “disservice” to him, naming Nathuram Godse and those who consider minorities “second-class citizens”, The Hindu reported. Godse had assassinated MK Gandhi in 1948.

Edited by Neerad Pandharipande.

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