SC rejects plea to include Vinayak Damodar Savarkar's name in 1950 Act to prevent its misuse

The Supreme Court on Tuesday dismissed a plea which sought a direction to the Centre to include the name of Vinayak Damodar Savarkar in the schedule to the Emblems and Names (Prevention of Improper Use) Act, 1950. The 1950 law is an Act to prevent the improper use of certain emblems and names for professional and commercial purposes.

A bench of Chief Justice B R Gavai and Justice Augustine George Masih observed there was no violation of fundamental rights of the petitioner.

The petitioner, who was appearing in person, told the bench that he has been researching on Savarkar for the last 30 years and he needed an opportunity to establish certain facts about Savarkar in a legally verifiable manner.


"I also want to request the court to issue directions to respondent number two (Union of India) and respondent number three (Ministry of Home Affairs) to include his name in the schedule to the Emblems and Names (Prevention of Improper Use) Act, 1950," the petitioner said.

The CJI asked, "What is the violation of your fundamental right?".

The petitioner referred to Article 51A of the Constitution which deals with fundamental duties.

He said Leader of Opposition in the Lok Sabha Rahul Gandhi "cannot impede my fundamental duties".

The CJI said an Article 32 petition can be entertained only if there was violation of fundamental rights.

"If you want anything to be published in the curriculum, make a representation to the Union of India," the bench said.

The petitioner said he has already made a representation to the government.

The bench dismissed the plea.

In a separate matter, the apex court had on April 25 pulled up Congress leader Rahul Gandhi for his "irresponsible" remarks on Savarkar at a rally in Maharashtra.

The top court, however, had stayed the criminal proceedings against Rahul Gandhi in a case lodged in Uttar Pradesh for his remarks.