A special MP/MLA court in Pune has rejected Congress leader Rahul Gandhi's plea claiming that Vinayak Damodar Savarkar had a family connection with Nathuram Godse and that complainant Satyaki Savarkar's matrilineal lineage should be brought on record in the defamation case.

Rahul Gandhi, through his lawyer Milind Pawar, argued that Satyaki Savarkar is the son of Ashok Savarkar (Savarkar's brother) and Himani, daughter of Nathuram Godse's brother Gopal Godse. He claimed that the complainant has only given details of his paternal lineage and deliberately concealed the maternal lineage to avoid linking the Savarkar and Godse families.

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However, Special Judge Amol Shinde in his order on May 28 ruled that the details of the matrilineal lineage are irrelevant to the case. The judge said:

"This case relates only to the alleged derogatory speech made by the accused in London against Vinayak Damodar Savarkar. The complainant is the grandson of a brother of Vinayak Damodar Savarkar. Section 199(1) of the CrPC says that no court shall take cognizance of an offence punishable under Chapter XXI of the IPC except on a complaint made by a person aggrieved by that offence. The complainant appears to be an aggrieved person."

Judge Shinde emphasised that the burden of proving that Gandhi's remarks defamed Savarkar is on the complainant.

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He said:

"If he fails to prove the case, the accused would be entitled to be acquitted. The matter is not related or the family tree of Himani Ashok Savarkar is not disputed in this case. Therefore, this court does not find any merit in the application of the accused. There is also no need to remand the matter for further investigation."

Gandhi's petition also mentioned that Savarkar was an accused in Mahatma Gandhi's assassination case, though he was later acquitted for lack of evidence. The application referred to Savarkar's historical views as a prominent proponent of the two-nation theory and claimed that he promoted anti-Muslim and anti-Christian sentiments.

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It said:

"Savarkar's views expressed in 1937 and further strengthened in 1943 emphasised the separation of the two communities and their separate identities, a view that laid the foundation for the eventual partition of India."

The petition said Savarkar's writings included claims about the need to reduce the presence of Muslims in India's military and public services and his support for using rape as a political tool, citing his 1963 book Six Glorious Epochs of Indian History.

Gandhi's defence argued that his statement in London, about Savarkar enjoying attacking a Muslim youth, was based on historical facts and was aimed at refuting the claims of the complainant.