SC Grants Rahul Gandhi Interim Relief In Soldier Remarks Defamation Case

The Supreme Court has granted interim relief to Rahul Gandhi, Leader of the Opposition in the Lok Sabha, in a defamation case relating to his alleged comments against Indian soldiers.

A bench comprising Justice Dipankar Datta and Justice Augustine George Masih stayed proceedings in the MP/MLA court of Lucknow and issued a notice seeking a response within three weeks.

Commenting on the allegations, Justice Datta questioned the authenticity of the claims, stating, “How did you come to know that China has occupied 2,000 square kilometres? What is the credible source of this information? A true Indian would not say such a thing.”

He further questioned the statements, deeming them inappropriate in the context of a border dispute, and asked why the concerns were not raised in Parliament.

Case Background

Uday Shankar Srivastava, a retired Director of the Border Roads Organisation (BRO), filed the defamation case, alleging that Rahul Gandhi made misleading remarks during a speech on December 16, 2022, as part of his Bharat Jodo Yatra.

The statement in question referenced a clash between Indian and Chinese troops on December 9 at the Arunachal Pradesh border.

Rahul Gandhi was quoted as saying, “People will ask all sorts of questions about the Bharat Jodo Yatra, but no one will ask even once about our soldiers being beaten up by Chinese troops.”

On December 12, the Indian Army issued a clarification, stating that Indian troops firmly repelled an infiltration attempt by Chinese forces.

Both sides sustained minor injuries during the scuffle, after which the Chinese soldiers retreated.

Uday Shankar Srivastava, feeling aggrieved by Gandhi’s remarks, claimed that such statements had hurt the dignity of Indian soldiers and caused him personal distress.

Through his legal counsel, Vivek Tiwari, he filed a defamation petition in court, arguing that Gandhi’s comments were false and damaging to the honour of the armed forces.

Acting on the petition, the MP/MLA court in Lucknow had earlier summoned Rahul Gandhi to appear as an accused on February 11, 2025.

The court granted Gandhi bail in that hearing. With the Supreme Court now intervening, it has temporarily paused the case.

The notice issued by the Court has asked for responses from the concerned parties within a span of three weeks.

The outcome of this case may carry significant political and legal implications in the run-up to upcoming sessions in Parliament and public discourse.

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