New Delhi: The Supreme Court on Monday stayed proceedings in a criminal defamation case filed against Congress leader Rahul Gandhi over his remarks during the Bharat Jodo Yatra, where he had claimed that Chinese troops had occupied 2,000 square kilometres of Indian territory and were “thrashing Indian soldiers” in Arunachal Pradesh. However, the bench comprising Justice Dipankar Datta and Justice AG Masih delivered a sharp rebuke to the Congress MP, questioning the basis of his statement and suggesting it undermined national interest.
The court asked Gandhi how he came to know about the alleged Chinese occupation, saying, “Were you there? Do you have any credible material?” Justice Datta further added, “If you are a true Indian, you won’t say all of this.” The court also questioned why such claims were not made in Parliament instead of at public rallies. Representing Gandhi, senior advocate Abhishek Manu Singhvi argued that as Leader of the Opposition, Gandhi has the right to raise concerns about national security. But the bench remained critical of the manner and platform in which the statements were made.
Despite its stern observations, the Supreme Court issued a notice on Gandhi’s plea to quash the defamation case and stayed further legal proceedings. Singhvi pointed out procedural lapses in the case, particularly that the police did not provide Gandhi an opportunity to respond before taking cognisance of the complaint.
The case originated from a complaint filed by one Udai Shanker Srivastava, who alleged that Gandhi’s statements were derogatory towards the Indian Army and amounted to criminal defamation. In May, the Allahabad High Court had dismissed Gandhi’s challenge to the case, observing that freedom of speech does not extend to statements that defame the armed forces. The special court in Lucknow had then summoned Gandhi for trial, prompting his appeal to the apex court.
The political row stems from Gandhi’s remarks made in December 2022, following a border clash in Arunachal Pradesh’s Tawang sector. Gandhi had accused the Modi government of surrendering territory to China, saying, “The Chinese are sitting on 2,000 sq km of our land and the government is doing nothing.” The BJP strongly countered his claims, labelling him “perpetually confused” and accusing him of demoralising Indian soldiers.
Rahul Gandhi has stood by his statements, maintaining that he was holding the government accountable and that the charges against him are politically motivated. He asserted that the appropriate way to deal with China is firmly and clearly, making it known that India will not tolerate encroachment on its land.
With the Supreme Court’s stay order in place, the case now enters a legal pause, but the political debate around Gandhi’s remarks, national security, and freedom of expression continues to escalate.
