Today, On 4th August, The Supreme Court criticised Rahul Gandhi for his comment on Chinese troops beating Indian soldiers, asking why he posted it on social media and not in Parliament, stating that freedom of speech doesn’t mean saying anything irresponsibly.
The Supreme Court on Monday stayed the criminal defamation case filed against Leader of Opposition Rahul Gandhi over his remarks concerning the Indian Army during the 2022 Bharat Jodo Yatra.
The case was pending before a Lucknow court.
While criticising the government’s response to Chinese activities along the Line of Actual Control (LAC). During the yatra, Gandhi had said,
“Chinese soldiers are beating up Indian Army personnel in Arunachal Pradesh,”
A Bench comprising Justices Dipankar Datta and Augustine George Masih questioned Gandhi for posting such remarks on social media instead of raising the issue in Parliament.
The Court asked whether these statements were backed by any reliable evidence.
The Bench remarked,
“Why in social media post and not in parliament? How do you get to know when 2000 sq km was acquired by China? What is the credible material? A true Indian will not say this. When there is a conflict across border, can you say all this. Why can’t you ask the question in parliament? Just because you have 19(1)(a) [freedom of speech] you cannot say anything.”
Appearing for Gandhi, Senior Advocate Abhishek Manu Singhvi argued that a third party cannot initiate a defamation case merely because of such comments.
He added,
“But you cannot harass somebody like this with defamation charges. High Court says he (complainant) was not a person aggrieved but defamed. High Court reasoning was novel was not correct.”
The Court subsequently decided to suspend the proceedings and issued a notice to the State.
The case is scheduled to be reviewed again in three weeks.
This case originated from a complaint lodged by lawyer Vivek Tiwari on behalf of Border Roads Organisation (BRO) Director Uday Shankar Srivastava, a former director of the Border Roads Organisation, who holds a rank equivalent to that of an Army Colonel.
Complainant Uday Shankar Srivastava, claimed that during the December 2022 Yatra, Gandhi made multiple derogatory remarks concerning the Indian Army in relation to the conflict with Chinese soldiers.
Gandhi approached the High Court to contest the Lucknow Court’s order, which had initially determined that his statement seemed to have demoralized the Indian Army and those associated with it, including their family members.
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Earlier, In May, the Allahabad High Court dismissed Rahul Gandhi’s request to challenge a February summons issued by a special court for elected representatives in Lucknow.
Justice Subhash Vidyarthi of the Allahabad High Court noted that freedom of speech does not encompass the right to make statements that defame the Army.
Case Title: Rahul Gandhi v. State of U.P. and Anr
Diary No.: 31445-2025