Rahul Gandhi must face trial over 'derogatory' Army remarks during Bharat Jodo Yatra: Allahabad HC
LUCKNOW: Allahabad high court's Lucknow bench has dismissed Congress MP Rahul Gandhi 's plea challenging a summons in a defamation case linked to his remarks about the Army during his
Bharat Jodo Yatra
held between Sept 2022 and Jan 2023.
Justice Subhash Vidyarthi ruled on May 29 that Gandhi must stand trial, observing a prima facie case exists against him. 'Freedom of speech is subject to reasonable restrictions and does not include the freedom to make statements defamatory to any person or to the Indian Army,' the court said. The case was filed by retired BRO director Udai Shanker Srivastava, who alleged Gandhi made derogatory comments in Lucknow on Dec 16, 2022, days after a face-off between Indian and Chinese troops in Arunachal Pradesh.
Gandhi had said, 'People will ask about Bharat Jodo Yatra... but they will not ask a single question about China capturing 2,000 sqkm of Indian land, killing 20 Indian soldiers, and thrashing our soldiers in Arunachal Pradesh... Don't pretend people don't know.'
Srivastava called the remarks 'false and baseless', made with an 'evil intention of demoralising the Indian Army and damaging public faith'. He cited the Army's official Dec 12 statement, which described the Dec 9 clash in Arunachal as involving 'minor injuries to a few personnel from both sides'.
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On Feb 11 this year, a Lucknow magistrate had summoned Gandhi under Section 500 (defamation) of IPC, saying his comments were not made in discharge of official duty and could demoralise armed forces.
Gandhi's lawyer Pranshu Agarwal said in high court the case was politically driven and Srivastava lacked standing under Section 199 CrPC, as the Army—not the petitioner—was the target. Justice Vidyarthi rejected the claim, saying Srivastava was an 'aggrieved person' under the law.
The judge said the lower court's summons was based on a 'judicious application of mind' after reviewing complaint details and witness statements, not issued mechanically.
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