Rahul Gandhi Army Defamation Case: SC Directs Request For Early Hearing

The Supreme Court on Wednesday directed the complainant in the criminal defamation case against Congress leader Rahul Gandhi to file a formal application seeking an early hearing, while observing that “everyone is equal before us.”

A bench headed by Chief Justice of India Surya Kant and comprising Justices Joymalya Bagchi and V Mohana made the observation after senior advocate Gaurav Bhatia, appearing for complainant Uday Shankar Srivastava, sought an early hearing. Bhatia submitted that Gandhi’s appeal against the summons had not been taken up for five months and argued that he should not receive preferential treatment.

The complainant, a former Director of the Border Roads Organisation (BRO), has alleged that Gandhi made defamatory remarks about the Indian Army while criticising the government over the Line of Actual Control (LAC). According to the complaint, Gandhi had alleged that Chinese soldiers were beating Indian Army personnel in Arunachal Pradesh.

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The case relates to remarks allegedly made by Gandhi on December 16, 2022, concerning the December 9, 2022 clash between Indian and Chinese troops. Srivastava has alleged that the remarks were derogatory and defamatory towards the Indian military. Gandhi subsequently challenged the summons issued by a Lucknow court in connection with the complaint.

Earlier, the Supreme Court had stayed proceedings in the case while hearing Gandhi’s appeal against an Allahabad High Court order that upheld the summons. A bench of Justices Dipankar Datta and Augustine George Masih had questioned why Gandhi had raised the matter on social media instead of Parliament and whether the statements were supported by credible material.

During Wednesday’s proceedings, the Supreme Court did not immediately take up the request for an early hearing but directed the complainant to follow the prescribed procedure. The bench asked Bhatia to file an application seeking early listing and indicated that the request would then be considered in accordance with the court’s procedure.

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