'If you were a true Indian, you would not say this," SC raps Rahul Gandhi over Army remarks
The Court said such comments were unbecoming of a 'true Indian' and sought to know the basis for his claims regarding Chinese incursions.
A Bench comprising Justice Dipankar Datta and Justice AG Masih was hearing Gandhi's plea challenging a defamation case filed over his December 16, 2022, remarks made after a border clash between Indian and Chinese troops in Arunachal Pradesh.
'If you were a true Indian, you would not say all these things,' Justice Datta observed during the hearing.
The Bench questioned Gandhi's claim that 2,000 km of Indian territory had been occupied by China.
'Are you there? Do you have any credible material? Why would you make these statements without anything?'
Justice Datta questioned the credibility of statements and said that public figures have a responsibility when making sensitive statements.
Senior Advocate Abhishek Manu Singhvi, appearing for Gandhi, argued that the remarks were political in nature and made in the public interest.
He read out the actual statements made by Gandhi and contended that the defamation complaint was politically motivated.
'There is a technique now, become an MP and file defamation for any criticism,' Singhvi submitted, arguing that the complaint was an abuse of the legal process.
However, the Court appeared unconvinced, and Justice Datta further asked why such comments were made via social media instead of being raised in Parliament.
Senior Advocate Gaurav Bhatia, appearing for the complainant Uday Shankar Srivastava, opposed the plea and submitted that the High Court had already examined the issue.
He stated that relevant materials and statements were on record justifying the continuation of proceedings.
The defamation case arises from Gandhi's statement, 'Chinese soldiers are beating up Indian Army personnel,' which the complainant claimed was defamatory and demoralising to the armed forces.
Earlier, on March 29, 2025, the Lucknow Bench of the Allahabad High Court had dismissed Gandhi's plea challenging the Magistrate Court's summons in the matter.
Despite the scathing observations, the Supreme Court today issued notice and granted an interim stay on further proceedings in the defamation case. The matter will be heard again after three weeks.
Separately, on May 27, a special MP-MLA court in Varanasi dismissed a petition against Gandhi over his reference to Lord Ram as a "fictional character" during a speech at a US university.
The complaint, filed by Advocate Harishankar Pandey, was rejected as 'non-maintainable' under the Bharatiya Nagarik Suraksha Sanhita (BNSS), 2023.
In another defamation case related to Gandhi's remarks against freedom fighter Vinayak Damodar Savarkar, the Supreme Court on April 24, 2025, had stayed the Allahabad High Court's order refusing to quash the summons.
During that hearing, Justice Datta had warned Gandhi against making 'further irresponsible statements,' cautioning that the Court may take up the matter suo motu if required.
The Apex Court had extended the stay on that case on July 25.
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