New Delhi, May 27 (Reporter) The Supreme Court on Tuesday dismissed a writ petition seeking the inclusion of Vinayak Damodar Savarkar’s name in the schedule of the Emblems and Names (Prevention of Improper Use) Act, 1956. The petition was filed by Pankaj Phadnis, who appeared in person before the court. A bench comprising Chief Justice of India BR Gavai and Justice AG Masih rejected the plea, observing that the petitioner had failed to demonstrate any violation of his fundamental rights, which is a prerequisite for invoking Article 32 of the Constitution. Phadnis, while presenting his arguments, claimed to have conducted extensive research on Savarkar and expressed his intent to establish “certain facts about Mr. Savarkar in a legally verifiable manner.” He also alleged that the Leader of Opposition, Rahul Gandhi, was violating fundamental duties under Article 51A of the Constitution by making disparaging remarks against Savarkar. Interrupting the submission, CJI Gavai questioned, “What is the violation of your fundamental right?” To this, Phadnis responded that the Leader of Opposition cannot impede his performance of fundamental duties. “Leader of Opposition cannot violate fundamental duties,” he contended. The bench, however, clarified that petitions under Article 32 are maintainable only in cases of infringement of fundamental rights, not fundamental duties. The court further suggested that if the petitioner wished for Savarkar’s name to be included in educational curricula or official schedules, he should make a representation to the Union government. Phadnis informed the court that such a representation had already been made. Nevertheless, the bench held that the reliefs sought could not be granted through an Article 32 petition and dismissed the plea. The inclusion under the Emblems and Names (Prevention of Improper Use) Act, 1956 restricts the use of names and symbols specified in its schedule, to prevent their improper usage contrary to the guidelines laid down by the Central Government. The issue comes amid recent judicial observations made by another bench led by Justice Dipankar Datta, which had taken exception to Rahul Gandhi’s remarks about Savarkar...////...