The Supreme Court on Wednesday maintained that all litigants are treated equally after the complainant in a defamation case against Congress leader Rahul Gandhi sought an early hearing, alleging that the matter had not been listed for a long period. The case concerns Gandhi’s challenge to an Allahabad High Court order linked to alleged remarks about the Indian Army during his 2022 Bharat Jodo Yatra.

The Supreme Court is hearing Gandhi’s petition challenging the May 29 order of the Allahabad High Court, which had dismissed his plea against a trial court’s decision to summon him as an accused. The complaint relates to alleged derogatory remarks attributed to Gandhi in the context of clashes between Indian and Chinese soldiers. Gandhi has denied the allegations and challenged the proceedings before the higher courts.

On August 4 last year, the Supreme Court had stayed further proceedings in the complaint pending before a Lucknow court until the next date of hearing. On December 4, the top court admitted Gandhi’s appeal and indicated that it would hear the matter in detail. The case was subsequently listed for April 22, while on Wednesday applications seeking an early hearing in two other pending petitions connected with another defamation case came before the bench.

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Senior advocate Gaurav Bhatia, appearing for complainant Udai Shankar Srivastava, urged the bench to hear Gandhi’s matter and separate it from the two other petitions with which it had earlier been tagged. The bench, headed by Chief Justice Surya Kant and comprising Justices Joymalya Bagchi and V Mohana, asked Bhatia to file an appropriate application seeking the relief. Bhatia also requested that a specific date be fixed for hearing Gandhi’s plea.

During the hearing, Bhatia argued that the matter had not been listed despite an earlier judicial direction and contended that the delay did not reflect well on the institution. He also argued that Gandhi should not receive preferential treatment because of his public position. The bench responded by directing the complainant’s counsel to follow the prescribed procedure and file a separate application for an early hearing, observing that “all are treated equally”.

The original complaint alleged that Gandhi had made remarks concerning the Indian Army during his December 2022 Bharat Jodo Yatra, particularly in relation to the India-China border clashes. The trial court subsequently summoned him to face proceedings for the alleged offence of defamation. Gandhi’s counsel had argued before the Allahabad High Court that the trial court had not properly considered the facts and material necessary to determine whether a defamation case was made out. The Supreme Court’s stay on the proceedings remains relevant while Gandhi’s challenge is pending.

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