New Delhi, August 4:
Supreme Court Questions Rahul Gandhi’s Remarks on China Clash
The Supreme Court on Monday issued a stern rebuke to Congress leader Rahul Gandhi over his controversial remarks related to the India-China border tensions in Arunachal Pradesh. While granting a stay on proceedings in a criminal defamation case against him, the court raised strong objections to Gandhi’s statements during the 2022 Bharat Jodo Yatra, in which he alleged that Chinese forces had occupied 2,000 square kilometres of Indian territory.
A two-judge bench comprising Justice Dipankar Datta and Justice A.G. Masih pulled up the Leader of the Opposition, questioning the factual basis of his claims. “How did you get to know that 2,000 sq km of Indian land has been taken over by the Chinese? Were you there? Do you have any credible material?” Justice Datta asked.
In a particularly pointed remark, the judge added, “If you are a true Indian, you won’t say all this,” indicating the court’s concern over the impact of such statements on national sentiment and the image of the Indian armed forces.
Gandhi’s Counsel Pushes Back
Senior advocate Abhishek Manu Singhvi, appearing for Gandhi, argued that such political speech was essential to the role of the Leader of the Opposition. “If he can’t say these things, how can he fulfil his role in holding the government accountable?” Singhvi asked. However, the court retorted sharply, “Then why don’t you say such things in Parliament?”
The court agreed to examine the legality of the criminal defamation case and issued notice on Gandhi’s plea to quash the proceedings. At the same time, it stayed further action in the case pending its decision.
Background of the Case
The defamation case stems from a public comment made by Rahul Gandhi in December 2022, shortly after reports emerged of a face-off between Indian and Chinese troops in the Tawang sector of Arunachal Pradesh. During the Bharat Jodo Yatra, Gandhi alleged that “Chinese troops are thrashing Indian soldiers” and accused Prime Minister Narendra Modi and his government of “surrendering” Indian land.
These remarks led to a complaint filed by Udai Shankar Srivastava, who alleged Gandhi had defamed the Army and made baseless accusations that could harm national morale. A special MP/MLA court in Lucknow subsequently summoned Gandhi as an accused.
Allahabad High Court Had Denied Relief Earlier
In May, the Allahabad High Court refused to quash the summons, rejecting Gandhi’s argument that the special court had not verified the allegations before taking cognisance of the complaint. Justice Subhash Vidyarthi, who presided over the case, observed that freedom of speech did not include the right to defame institutions such as the armed forces.
The court also noted procedural lapses were insufficient to nullify the summons, especially when the content of the speech involved potentially defamatory comments on a sensitive national issue.
Political Reactions and Broader Implications
The ruling BJP has frequently criticised Gandhi over his China-related comments. Party leaders have accused him of undermining national interest and claimed he was “perpetually confused” about strategic issues. Some went as far as to accuse him of wishing for India’s submission to China, drawing parallels with alleged past mistakes during Congress-led governments.
While the Supreme Court’s stay offers temporary relief to Gandhi, the sharp observations from the bench underscore the judiciary’s concern over unverified public statements on national security matters. The court’s intervention also highlights the delicate balance between political speech and legal responsibility in India’s democratic framework.
The case will now move forward in the top court, where Gandhi’s team is expected to argue on the broader implications for political freedom and the responsibility of public figures in democratic discourse.
