The Supreme Court on Monday criticized Congress leader Rahul Gandhi over his comments about the Indian Army during his Bharat Jodo Yatra in December 2022. While staying the criminal defamation proceedings against him, the court questioned the basis of his remarks, saying, “A true Indian will not say all this.” Gandhi had alleged that China had captured 2,000 square kilometres of Indian land, killed 20 Indian soldiers, and attacked Indian troops in Arunachal Pradesh. The court expressed concern about such statements being made in the media instead of in Parliament, especially during times of border tension.
Rahul Gandhi’s lawyer, senior advocate Abhishek Manu Singhvi, defended him by saying that as an MP, Gandhi still has the right to free speech under Article 19(1)(a) of the Constitution. He argued that the comments were intended to raise important questions about national security. However, the court was not convinced and said such sensitive issues should be addressed responsibly and ideally in Parliament, not through social media or public events. The bench also questioned the accuracy of Gandhi’s claim and asked how he obtained such information.
The defamation case was filed by Uday Shankar Srivastava, a retired BRO director, who accused Gandhi of making false claims to demoralize the Indian Army. The complaint argued that Gandhi’s statements were baseless, misleading, and harmful to national morale. The Supreme Court will now examine legal questions about whether the trial court acted properly in summoning Gandhi and whether the complainant qualifies as an aggrieved person under defamation law. The court has put the case on hold for now and will hear further arguments after three weeks.
