Rahul Gandhi was given a sharp rebuke by the Supreme Court Monday even as it stayed proceedings in a criminal defamation case arising from comments – about the Army and the ‘surrender’ of 2,000 sq km of Indian territory to China – made during his ‘Bharat Jodo Yatra‘.
A bench of Justice Dipankar Datta and Justice AG Masih took strong exception to the Congress MP’s remarks about the June 2020 violence in Ladakh’s Galwan Valley and the death of 20 Indian soldiers.
Mr Gandhi had claimed 2,000 sq km of Indian territory has since been occupied by China after the clash and he blamed Prime MInister Narendra Modi and his government for the ‘surrender’.
“How did you get to know that 2,000 sq km of Indian land has been taken over by the Chinese? If you are a true Indian… you won’t say all of this” Justice Datta said about Mr Gandhi’s remarks.
“Were you there? Do you have any credible material?” the court asked Mr Gandhi.
Appearing for the Congress leader, senior advocate Abhishek Singhvi countered, “If he can’t say these things… how can he be the Leader of Opposition?”
But Justice Datta shot back, “Then why don’t you say such things in Parliament?”
Nevertheless, the Supreme Court issued a notice against Mr Gandhi’s plea to quash the case.
This was after Mr Singhvi pointed out apparent missteps in the filing of charges, including the police not allowing Mr Gandhi a prior hearing before taking cognisance of a criminal complaint.
In May the Allahabad High Court had rejected Rahul Gandhi’s plea challenging a February summons that had been issued a special court, for elected representatives, in Lucknow.
Allahabad High Court judge Justice Subhash Vidyarthi overruled Mr Gandhi’s argument – that the special court should have verified the allegations before summoning him – and observed that freedom of speech does not include the right to make statements that ‘defame’ the Army.
Mr Gandhi had also argued the charges against him were politically motivated.
READ | High Court Junks Rahul Gandhi’s Plea In Army Remark Case
The special court had summoned Rahul Gandhi as an accused for facing trial.
The original complaint was filed by a Udai Shanker Srivastava, who alleged Rahul Gandhi, in December 2022, made derogatory remarks about the Army over the clash with the Chinese.
Mr Gandhi has since repeated the remark several times, including once in January 2023 when he said in Jammu and Kashmir’s Srinagar, “I keep repeating… the approach the government is following, by denying the Chinese have taken our land, is an extremely dangerous approach.”
READ | Rahul Gandhi Says China On Indian Land, Centre’s Approach “Dangerous”
“I think the way to deal with the Chinese is to deal with them firmly, and to make it clear that they are sitting on our land and it is not something we will tolerate,” he said.
The ruling Bharatiya Janata Party, which has just as repeatedly lashed out at Mr Gandhi over these remarks, then labelled him “perpetually confused” and counter-accused him of wanting India to ‘surrender before China…in the same way during his party’s government’.
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