The Supreme Court on Tuesday dismissed a plea seeking 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 Act prevents the improper use of emblems and names for professional and commercial purposes.
The petition filed by Dr. Pankaj Kumudchandra Phadnis, a research scholar said Gandhi was violating his fundamental duties by giving alleged statements against Savarkar.
A two-judge bench, led by Chief Justice of India BR Gavai and Justice Augustine George Masih observed no violation of fundamental rights and said they cannot entertain writs like this.
"We did not find any ground to intervene. The relief sought cannot be granted. No fundamental right of the petitioner is affected," said, the top court while rejecting the plea.
The petitioner moved the top court seeking directions that the Lok Sabha Leader of Opposition (LOP), Rahul Gandhi, should do community service as punishment for his alleged remarks against Savarkar.
Dr Phadnis sought to establish certain facts about Veer Savarkar, on the ground that he has been researching about Savarkar. "I need permission to establish certain facts in a verifiable manner about Savarkar," he said. He said he has been researching about Savarkar for the last 30 years.
"LoP cannot impede my fundamental duties," he said.
The CJI said an Article 32 petition can be entertained only if there was a 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.