Institute of Legal and Management Studies

Congress leader Rahul Gandhi has filed an application before the special MP/MLA Court in Pune claiming that right-wing leader Vinayak Savarkar was a relative and had blood relations with Nathuram Godse, who assassinated Mahatma Gandhi and this very fact was not disclosed to the court by the complainant Satyaki Savarkar in his criminal defamation plaint against him (Rahul Gandhi).

In an application moved through advocate Milind Pawar, Gandhi has contended that Satyaki is the son of Ashok Savarkar, who was the nephew of Vinayak Savarkar. This fact, the Congress leader stated, has been brought on record by the complainant. However, Satyaki has concealed the fact that his mother Himani was the daughter of Gopal Godse, the real brother of Nathuram Godse - both of whom were convicted for killing Mahatma Gandhi.

According to the application, Satyaki along with his complaint has submitted only the "paternal side" family tree but did not disclose the "maternal side" family tree due to which the fact that he (Satyaki) is a (maternal) grandson of Gopal Godse has not come on record.

"As per information, his (Satyaki's) mother Himani is originally and by birth from Godse family. Inspite of this, the complainant has deliberately, systematically and very brilliantly avoided and suppressed to disclose the family tree from his maternal side. This is one of the most important issue in the instant case to decide merits finally before commencement to record the plea. The suppression or concealment of a material fact from the court is a serious issue considered as a fraud on the court and can lead to either dismissal of the case or denial of a relief," the application states.

The application further alleged that Satyaki deliberately suppressed the fact that Savarkar was also a 'co-accused' in the murder case of Mahatma Gandhi but was not convicted rather acquitted for want of proper evidence.

Further, Gandhi has referred to "historical facts" to show how both Godse and Savarkar were staunch supporters of "Hindu Nation" and considered Muslims and Christians as "mis-fits" in India and how they conspired to kill Mahatma Gandhi considering him to be "lenient" for Muslims during the partition.

In the application, it is stated that Savarkar was a prominent proponent of the two-nation theory, which posited that Hindus and Muslims were "distinct nations" which was supported later by Mohammad Ali Jinnah, the leader of Muslim League.

"Savarkar's views articulated in 1937 and further solidified in 1943, emphasised the separation of the two communities and their distinct identities, a perspective that laid the groundwork for the eventual partition of India," the plea reads.

According to the application, Savarkar was known for his "anti-Muslim" writings ever since he was in jail.

Referring to various historians, the application states, "Savarkar promoted anti-Muslim form of Hindu nationalism and saw Muslims in the Indian police and military to be 'potential traitors.' He advocated that India reduce the number of Muslims in military, police and public service and ban Muslims from owning or working in munition factories."

Further referring to his 1963 book, 'Six Glorious Epochs of Indian History', the application reads, "Savarkar has said that Muslims and Christians wanted to destroy Hinduism. He advocated use of rape as a political tool and accused Muslim women of actively supporting their men's atrocities against Hindu women. He had also written that young and beautiful Muslim girls should be captured, converted and presented to Maratha warriors as a reward just like Muslim ruler Tipu Sultan distributed Hindu women among his warriors."

Basically, the application is against the contention of the complainant that Gandhi by stating in London that Savarkar wrote in his book about how he and his friends enjoyed assaulting a Muslim youth, had tried to defame him.

Special Judge Amol Shinde has now ordered the complainant Satyaki to respond to this plea.