Savarkar had no hand in Mahatma’s murder, says Supreme Court

New Delhi/Mumbai, Apr 6: The Supreme Court has frustrated efforts of vested interests to embroil Swantryaveer Vinayak Damodar Savarkar’s name in assassination of Father of the Nation Mahatma Gandhi and has once again cleared doubts on his involvement.

In an order passed on 28th March 2018 in Dr. Pankaj Kumudchandra Phadnis Vs. Union of India Ministry of Law and Justice case, [Special Leave Petition (Civil) 8293 of 2018 arising out of D. No. 15103/2017] the Supreme Court has said:

“While undoubtedly the nation has right to know the truth, such a right cannot be invoked where the truth is already well known merely because some academic research raises a different perspective in law. This would amount to reopening issues based on hearsay.”

Another submission made by the petitioner is that this Court should review the Kapur Commission findings. G.V. Ketkar, grandson of Lokmanya Bal Gangadhar Tilak, made a statement that he had knowledge about the conspiracy to assassinate Mahatma Gandhi prior to the incident. This raised a political storm and the Kapur Commission was set up inter alia to inquire into the conspiracy to assassinate Mahatma Gandhi. The commission headed by former Judge of this Court Jivanlal Kapur submitted its report in 1969. According to the petitioner, the following finding of Kapur Commission in its report is unfair since it hurts the sentiments of the followers of Shri Savarkar:-

“All these facts taken together were destructive of any theory other than the conspiracy to murder by Savarkar and his group”. He, therefore, prayed for a review of this finding or setting up of a new commission.

The Learned Amicus Curiae submitted that this finding was rendered after the demise of Savarkar and no opportunity was given to Savarkar or any of his representatives. He submitted that the finding is unfair since Savarkar had been acquitted at the trial.

There is no doubt that this finding does not in any way interfere with the acquittal and is a general observation probably made since Godse and others were found to have been associated with Savarkar. It cannot have the effect of overturning of the finding of the criminal court which acquitted Savarkar. Constitution bench of this Court in Ram Kishan Dalmia vs. Justice S. R. Tendolkar considered the effect of the findings of a Commission as follows:-

“But seeing that the Commission of Inquiry has no judicial powers and its report will purely be recommendatory and not effective proprio vigore and the statement made by any person before the Commission of Inquiry is under s.6 of the act, wholly inadmissible in evidence in any future proceedings, civil or criminal.

“The submission of the petitioner that Savarkar has been held guilty for the murder of Gandhiji is misplaced. We consider the petitioner’s attempt to reopen this controversy as an exercise in futility. Since the person who took the photograph cannot be examined and any statement about the photograph made by any expert would not be admissible at this stage”.

 

Addressing the press conference Dr Pankaj Fadnis who had filed the petition in the Supreme Court seeking removal of a reference in the Kapur Commission report about Savarkar’s alleged involvement in the Gandhi murder case, said that the apex court had observed that Kapur Commission had inferred merely on the basis of the relations between Savarkar and the accused in the case and thus it is totally baseless.

Interacting with the reporters Ranjit Savarkar, working president of Swatantryaveer Savarkar Rashtriya Smarak said that savarkar’s name was included in the list of the accused with a malafide intention and hatred towards that great soul born out of political rivalry and ambition. This ended the political career of Savarkar and the very existence of Hindu Mahasabha was endangered. False propaganda was unleashed based on just one sentence in the report of the Kapur Commission against Savarkar. But the Supreme Court has made it clear that he had no role in that heinous act.

We welcome this decision of the apex court absolving Swatnatryaveer Savarkar of the charge; he said adding that all the admirers of that great freedom fighter are celebrating this moment.

The report of the Amicus Curiae Amrendra Sharan is available here:

https://drive.google.com/file/d/1av3uBjkTq0URPEuJpP6zXkJFMF2RfrBU/view

The order of the Supreme Court is available here:

http://www.advocatekhoj.com/library/judgments/announcement.php?WID=9905