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The Supreme Court of India on Monday (August 4, 2025) stayed proceedings in a criminal defamation case against the Leader of Opposition in Lok Sabha Rahul Gandhi in a Lucknow court for remarks made to mediapersons during his Bharat Jodo Yatra about the reported skirmishes between Indian and Chinese soldiers along the border.
Rahul Gandhi defamation case: Supreme Court stays proceedings; issues notice to State of Uttar Pradesh, complainant
The Supreme Court of India on Monday (August 4, 2025) stayed proceedings in a criminal defamation case against the Leader of Opposition in Lok Sabha Rahul Gandhi in a Lucknow court for remarks made to mediapersons during his Bharat Jodo Yatra about the reported skirmishes between Indian and Chinese soldiers along the border.
“How did you get to know that 2,000 sq km of Indian territory was occupied? Were you there? Do you have any credible proof? If you are a true Indian, you would not say all these things,” Justice Dipankar Datta criticised Mr. Gandhi.
Senior advocate A.M. Singhvi and advocate Prasanna S. responded that a “true Indian would also say our Indian soldiers were beaten up…” Mr. Singhvi said his client's remarks were meant for disclosure of information in public interest.
Justice Datta, heading a Bench also comprising Justice A.G. Masih, asked why Mr. Gandhi was compelled to air his views on social media and that he should ask his questions in the Parliament. The judge said freedom of speech did not mean that a “responsible leader of opposition would do all this.”
“Whatever you have to say, you say it in the Parliament. These are issues in the Parliament. Why do you say it in social media posts?” Justice Datta asked.
Mr. Singhvi said his case was centred on the argument that one need not agree with what was said, but the law of defamation cannot be used to freeze dissent to government policies.
Mr. Gandhi said he had more than 20 cases in speech-related offences in various courts. They showed a “pattern of several busybodies looking to drown him in cases.”
“These proceedings are all nothing but lawfare – a clear abuse of the process of law in furtherance of wielding the heckler's veto to muzzle and silence the petitioner [Rahul Gandhi] from articulating his opposition to the ruling government's policies and positions,” Mr. Gandhi argued.
The complaint case was instituted against Mr. Gandhi by a retired Border Roads Organisation (BRO) officer, Uday Shankar Shrivastava, before a Lucknow Magistrate court in August 2023. The Lucknow court had issued summons to the Congress leader in February 2025.
His appeal to quash the summons was declined by the Allahabad High Court in May 2025, compelling Mr. Gandhi to approach the Supreme Court in a special leave petition.
Mr. Gandhi said his statements made during the Bharat Jodo Yatra on December 16, 2022 in response to a media query concerning Indo-China border tensions was “political”. Mr. Shrivastava, however, claimed that the Opposition leader had defamed the Army and lowered his own personal reputation in society.
Mr. Gandhi argued the High Court had erred in upholding Mr. Shrivastava's locus standi even though he was neither an Army personnel nor directly aggrieved.
The Congress leader said the remarks were not intended to damage reputations. The comments were limited to public questions and formed a critique of the governmental policy.
Mr. Gandhi referred to judicial precedents which have clearly held that only a “person aggrieved” by the comments could initiate a defamation complaint. The settled law that defamation must relate to an identifiable individual or a determinate body of persons still held the field. “The Magistrate had issued summons to Mr. Gandhi without giving him an opportunity to be heard,” the Congress leader alleged.
The defamation complaint itself was based on hearsay and newspaper cuttings, which were inadmissible as evidence unless proved in accordance with law.
“The entire case is based on the presumption that the petitioner's statements are contrary to the official stance of the Army and the Defence Minister. Cherrypicked statements, without adverting also to other contemporaneous reporting that clearly showed that there was indeed a controversy at that time as to the exact situation – including the losses sustained by the Indian Forces, clearly shows that the complaint is a vexatious proceeding… The complaint is motivated by political vendetta to harass the petitioner, a prominent Opposition leader, for exercising his right to critique the government,” Mr. Gandhi's side contended.
The Bench issued notice to the State of Uttar Pradesh and Mr. Shrivastava, represented by senior advocate Gaurav Bhatia, who was present on a caveat, returnable in three weeks.
Published - August 04, 2025 11:43 am IST
India / India / national politics / politics / politics (general) / judiciary (system of justice)
Source: The Hindu
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