The Supreme Court on Thursday extended its interim protection to Congress leader and Leader of the Opposition Rahul Gandhi, continuing the stay on all trial court proceedings in a criminal defamation case linked to his alleged remarks questioning the Indian Army’s handling of Chinese incursions during the 2022 Bharat Jodo Yatra. The bench of Justices M M Sundresh and Satish Chandra Sharma deferred the hearing after a circulated letter sought adjournment, pushing the next date to December 4 and ensuring Gandhi faces no immediate legal compulsion to appear before the Lucknow court.

The case stems from a private complaint filed by Udai Shanker Srivastava, who accused Gandhi of making defamatory statements in December 2022 by claiming China had occupied 2,000 square kilometres of Indian territory and casting aspersions on the Army’s integrity. A Lucknow magistrate summoned Gandhi as an accused, and when the Allahabad High Court refused to quash that order in May 2025, the Congress leader moved the apex court seeking complete relief from what he terms a politically motivated prosecution.

During the August 4 hearing that first granted the stay, the bench had sharply questioned the evidentiary basis of Gandhi’s public statements, asking whether he personally verified the claims or possessed credible material before making them. The court had observed that unsubstantiated comments undermining the armed forces could not be lightly made by someone claiming to be a “true Indian,” while simultaneously issuing notice to the Uttar Pradesh government and the complainant for their responses.

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Senior advocate Abhishek Singhvi, appearing for Gandhi, argued that as Leader of the Opposition, his client has a constitutional duty to raise matters of national security and border integrity. He contended that the trial court violated mandatory procedure under Section 223 of the Bharatiya Nagarik Suraksha Sanhita by taking cognisance and issuing summons without granting the accused a prior hearing, rendering the entire process legally flawed.

With the stay now extended until December 4, Rahul Gandhi remains shielded from immediate trial, giving the Supreme Court additional time to examine the balance between freedom of political speech and protection of the armed forces’ reputation. The case continues to draw intense political and legal attention as it pits the right to critique government policy against the boundaries of acceptable discourse concerning India’s military institutions.

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