Supreme Court Halts Defamation Case Against Rahul Gandhi Over Army-China Clash Remarks
The defamation case was filed by Uday Shankar Srivastava, a former director of the Border Roads Organisation, who alleged that Gandhi’s remarks defamed and demoralized the Indian Army.
NEW DELHI- The Supreme Court of India on Monday stayed defamation proceedings against Congress leader and Leader of Opposition in the Lok Sabha, Rahul Gandhi, in connection with his alleged remarks about the Indian Army during the Bharat Jodo Yatra in 2022.
The case stemmed from Gandhi’s statements claiming that the Chinese Army had “thrashed” Indian soldiers during a border clash in Arunachal Pradesh’s Tawang sector on December 9, 2022, and that China had occupied 2,000 square kilometers of Indian territory.
A bench comprising Justices Dipankar Datta and Augustine George Masih issued the interim order while hearing Gandhi’s plea challenging a summoning order issued by a trial court in Uttar Pradesh.
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The defamation case was filed by Uday Shankar Srivastava, a former director of the Border Roads Organisation, who alleged that Gandhi’s remarks defamed and demoralized the Indian Army.
During the hearing, the Supreme Court expressed disapproval of Gandhi’s comments, questioning the basis of his claims about Chinese occupation. “How do you get to know that 2,000 sq km land was occupied by Chinese? Were you there? Do you have any credible material?” the bench asked, as reported by Live Law.
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The court further remarked, “If you are a true Indian, you wouldn’t say such a thing,” emphasizing that such statements should be made responsibly in Parliament rather than on social media. The bench also issued notices to the Uttar Pradesh government and the complainant, seeking their responses.
Senior Advocate Abhishek Manu Singhvi, representing Gandhi, argued that an opposition leader should be free to raise issues already in the public domain. However, the court maintained that such remarks, particularly those concerning the armed forces, should be made with caution.
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The defamation case had earlier faced scrutiny in the Allahabad High Court, which dismissed Gandhi’s plea to quash the proceedings on May 29, 2025, citing reasonable restrictions on freedom of speech. The Supreme Court’s stay provides interim relief to Gandhi as the legal battle continues.
This development marks another chapter in the ongoing legal challenges faced by Rahul Gandhi, who has been vocal about India-China border tensions.
The court’s observations underscore the delicate balance between free speech and national sentiment, particularly when it involves the armed forces.
