SC stays defamation case against Rahul Gandhi over Army remarks

August 4, 2025

New Delhi: The Supreme Court on Monday stayed the criminal defamation case pending before a Lucknow court against Leader of Opposition (LoP) Rahul Gandhi in connection with his remarks about the Indian Army during the 2022.

Gandhi during the Bharat Jodo Yatra had said that “Chinese soldiers are beating up Indian Army personnel in Arunachal Pradesh”  , a criticism directed at the government over Chinese actions at the Line of Actual Control.

A Bench of Justices Dipankar Datta and Augustine George Masih cautioned Gandhi as to why he was making statements on social media instead of raising such issues in the parliament.

The Court also asked whether his statements were based on any credible material.

“Why in social media post and not in parliament? How do you get to know when 2000 sq km was acquired by China? What is the credible material? A true Indian will not say this. When there is a conflict across border, can you say all this. Why can’t you ask the question in parliament? Just because you have 19(1)(a) [freedom of speech] you cannot say anything,” the Bench said.

Senior Advocate Abhishek Manu Singhvi said the remarks by Gandhi cannot be a ground for a third party to file defamation case.

“But you cannot harass somebody like this with defamation charges. High Court says he (complainant) was not a person aggrieved but defamed. High Court reasoning was novel was not correct,” Singhvi said.

The Court then proceeded to stay the proceedings while issuing notice to the State.

The matter will be heard again after three weeks.

The Court was hearing an appeal by Gandhi against against an Allahabad High Court order which had upheld the summons issued by a Lucknow court to Gandhi in connection with the case.

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