New Delhi, Aug 4: The Supreme Court on Monday took strong exception to Congress leader Rahul Gandhi’s alleged derogatory comments about the Indian Army, made during the Bharat Jodo Yatra. The Leader of Opposition in the Lok Sabha had reportedly claimed that Chinese forces had been “beating up Indian soldiers” in Arunachal Pradesh, alluding to the December 9, 2022, skirmish in the Tawang sector.
A bench comprising Justices Dipankar Datta and Joymalya Bagchi sternly questioned the veracity and motive behind Gandhi’s statement that China had occupied 2,000 square kilometres of Indian territory. “Were you present there? Do you have any credible evidence? If you are a true Indian, you would not make such statements,” Justice Datta remarked while addressing senior advocate Abhishek Manu Singhvi, who represented Gandhi in court.
The bench further criticized the Congress MP for airing such sensitive remarks on public platforms rather than in the Lok Sabha. “Why express this on social media? Why not raise it on the floor of the Parliament?” the court asked, highlighting concerns over the use of public discourse to address matters of national security.
Singhvi, defending Gandhi’s right to speak on national issues, argued that it would be unfortunate if an opposition leader is barred from expressing concerns through the press. However, the court maintained a cautious stance, agreeing only to examine the larger legal question raised in the case—whether a notice to the accused is mandatory at the pre-cognisance stage.
In a temporary reprieve for the Congress leader, the apex court granted interim relief, staying the summoning order issued by a Lucknow court in connection with a defamation case filed over his comments.
The original complaint was lodged by Udai Shankar Srivastava, a retired Director of the Border Roads Organisation, who contended that Gandhi’s remarks were “false and unfounded,” aimed at “undermining the morale of the Indian armed forces” and sowing disillusionment among the public.
In May, the Allahabad High Court had declined Gandhi’s plea to quash the criminal defamation proceedings, ruling that even an individual not directly named in the statement could be considered an “aggrieved party.” Justice Subhash Vidyarthi, in his order, upheld the trial court’s decision to summon Gandhi under Section 500 of the Indian Penal Code, stating that all procedural requirements had been duly followed.
Rejecting Gandhi’s argument that the complainant lacked locus standi, the High Court emphasized that defamatory statements affecting national institutions could provoke legitimate grievance among concerned citizens.
After the rejection of his plea, Rahul Gandhi appeared before the MP-MLA court in Lucknow and was granted bail upon furnishing a personal bond of ₹20,000 along with two sureties of the same amount.
Simultaneously, Gandhi moved the Supreme Court, challenging the High Court’s order and the continued proceedings against him. The apex court is now set to examine the matter further while keeping the summoning order temporarily on hold. (Edited)
