Bombay HC disposes of PIL seeking directive to Rahul Gandhi to stop ignoring Savarkar's contribution
A division bench of Chief Justice Alok Aradhe and Justice Sandeep V Marne passed an order on PIL by one Pankaj Phadnis, who claimed to be founding president of Abhinav Bharat Congress, a public policy think tank.
Phadnis claimed that he had filed the plea to protect legal rights of a large number of citizens whose duty is to fulfill fundamental duties under Article 51A of the Constitution 'to cherish and follow the noble ideals which inspired our national struggle for freedom.'
The PIL said that the same are being impeded by Gandhi through his 'immature and irresponsible statements about late Savarkar'.
The petitioner sought direction from court to Gandhi that he shall personally study contents of the plea and books authored by the petitioner to 'remove his ignorance about the contribution of Shri Vinayak Damodar Savarkar to the cause of this nation.'
'This court cannot issue any direction to respondent Rahul Gandhi to study the contents of the PIL and to remove ignorance about the contribution of Shri Vinayak Damodar Savarkar. It is a well-settled legal proposition that this court in exercise of powers under Article 226 of the Constitution, cannot issue any writ to the legislature to amend the law. Therefore, the reliefs prayed for by the petition in the PIL cannot be granted,' the HC observed.
The bench also noted that utterances made by Gandhi are already subject matter of the case pending before the Pune magistrate court.
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