SC raps Rahul Gandhi over China 'grabbed Indian land' claim
What's the story
The Supreme Court on Monday stayed proceedings in a criminal defamation case against Congress leader Rahul Gandhi. The case pertains to Gandhi's comments about the Indian Army during the 2020 Galwan Valley clash with China. After the clash, Gandhi had said that 2,000 sq km of Indian territory had been taken over by the Chinese. While the bench, comprising Justice Dipankar Datta and Justice AG Masih, granted interim relief, it expressed strong disapproval of Gandhi's remarks.
Court inquiry
'Were you there?': Justice Datta on Gandhi's China claim
During the hearing, Justice Datta questioned how Gandhi knew about 2,000 square kilometers of Indian territory being occupied by China. He asked, "Tell Dr. Singhvi (Senior Advocate Dr. Abhishek Manu Singhvi representing Gandhi), how do you get to know that 2000 square kilometers of Indian territory were occupied by the Chinese? Were you there? Do you have any credible material?"
Argument
What Gandhi's counsel said
At the outset, Singhvi argued that if an opposition leader cannot raise issues, it would be an unfortunate situation. "If he can't say these things which are published in the Press, he can't be a leader of opposition," Singhvi told the bench. The bench, however, disagreed, saying, "Whatever you have to say, why don't you say in the Parliament? Why do you have to say this in the social media posts."
Legal arguments
Singhvi argues defamation complaint was filed to harass people
Singhvi also argued that filing such complaints is a way to harass people for raising questions. He also pointed out that according to Section 223 BNSS, a prior hearing of the accused was mandatory before taking cognizance of a criminal complaint, which wasn't done in this case. The bench agreed to consider this point and issued notice.
Plea dismissal
Allahabad HC had rejected Gandhi's plea in May
On May 29, the Allahabad High Court had dismissed Gandhi's plea challenging the defamation case and summoning order passed by an MP MLA court in Lucknow. Justice Subhash Vidyarthi of the High Court had observed that freedom of speech does not include making defamatory statements against the Indian Army. The defamation complaint was filed by former Border Roads Organisation Director Uday Shankar Srivastava.
Complaint specifics
Complaint states Gandhi's remarks 'demoralized' Indian Army
The complaint states that Gandhi made derogatory remarks during his Bharat Jodo Yatra on December 16, 2022. It alleges he said the Chinese army is "thrashing" Indian soldiers in Arunachal Pradesh and that the Indian Press won't ask any questions about it. The Lucknow court had prima facie observed that Gandhi's statement seemed to demoralize the Indian Army and its families.