The Supreme Court has paused a defamation case against Congress leader Rahul Gandhi regarding his remarks on the Indian Army and the 2020 Galwan Valley clash with China.

Rahul Gandhi is accused of making statements during his Bharat Jodo Yatra on December 16, 2022, suggesting that “Chinese soldiers are beating up Indian Army personnel.” The case was filed by Uday Shankar Srivastava, a former official of the Border Roads Organisation (BRO), who claims Gandhi’s comments defamed the Army.

While hearing Gandhi’s appeal against the Allahabad High Court’s refusal to stop the case, the Supreme Court questioned the basis of his statements. Justice Dipankar Datta, leading the two-judge bench, asked Gandhi’s lawyer, Senior Advocate A.M. Singhvi:

“How do you know 2000 square kilometres of Indian land are occupied by China? Were you there? Do you have any credible proof?”

Justice Datta added:

“If you are a true Indian, you wouldn’t say such things.”

In response, Singhvi said Gandhi’s remarks were made in the public interest and reflected genuine concerns over the death of 20 Indian soldiers in the Galwan clash.

The court further asked why, as the Leader of the Opposition in Parliament, Gandhi didn’t raise such issues officially in Parliament instead of making public statements.

Justice Datta reminded that while free speech is protected under Article 19(1)(a) of the Constitution, leaders still carry responsibility:

“You can’t just say anything you want. Being a responsible leader, you should be careful.”

Singhvi agreed that the language could have been better chosen but argued that filing defamation cases to target individuals is not the right approach.

The Supreme Court has now put the defamation case on hold for three weeks.