The Supreme Court on Monday heard Congress leader Rahul Gandhi’s appeal challenging a May 29 order from the Allahabad High Court, which had declined to cancel a defamation case against him.
The case stems from Gandhi’s comments during the Bharat Jodo Yatra in December 2022, where he claimed that the Chinese military had occupied 2,000 square kilometres of Indian land, killed 20 Indian soldiers, and assaulted troops in Arunachal Pradesh.
A bench comprising Justices Dipankar Datta and Augustine George Masih put a temporary hold on the lower court proceedings.
During the hearing, the bench questioned Gandhi’s counsel, senior advocate Abhishek Manu Singhvi, over the public nature of the remarks. “Why are such claims being made on media platforms or social media? Were you present there? On what basis was this figure of 2,000 square kilometres mentioned?” the judges asked.
Singhvi defended the statement, saying Gandhi exercised his constitutional right to free speech under Article 19(1)(a) and was attempting to draw media attention to vital national security issues. He emphasized that Gandhi’s role as a Member of Parliament does not strip him of this right.
The bench, however, did not appear fully convinced. “You are citing freedom of speech, but as a leader of the Opposition, is it appropriate to make such claims in times of cross-border tension?” the court asked.
The judges stressed that sensitive matters like this should be raised within Parliament rather than in public statements. “Why not speak inside Parliament? What is the need to post this on social media?” the bench remarked.
The court agreed to review several legal aspects of the case, including whether Gandhi was denied a chance to be heard before the summons was issued—a concern Singhvi said was overlooked by the high court. The bench also appeared willing to consider whether the complainant met the legal criteria to file a defamation case.
Representing the complainant, senior advocate Gaurav Bhatia opposed the stay and backed the trial court’s decision, but the bench decided it would consider all arguments after three weeks.
The case was filed by Uday Shankar Srivastava, a retired director from the Border Roads Organisation, who accused Gandhi of spreading false claims meant to tarnish the reputation of the Indian Army and lower troop morale. The controversial statement was made on December 9, 2022, in the context of the clash in Arunachal Pradesh’s Yangtse region.
Srivastava alleged that Gandhi made the remarks deliberately to mislead the public, despite an official army statement confirming that Chinese troops had been pushed back. He argued that the comments were not only misleading but also damaging to national morale.
The Allahabad High Court, in its May 29 ruling, said a clear case had been established and declined to cancel the summoning order issued on February 11. The court also dismissed the argument that Gandhi’s remarks were made in an official capacity, stating that no prior government approval was needed to pursue the case.
