SC raps Rahul Gandhi over remarks on Indian Army

The Supreme Court on Monday expressed displeasure with Leader of the Opposition Rahul Gandhi's alleged derogatory comments about the Indian Army in the context of the 2020 Galwan Valley clash with China. Even though interim relief was granted, during the hearing, the bench made oral remarks expressing disapproval of Gandhi’s statements. A bench comprising Justices Dipankar Datta and A.G. Masih observed that, being the Leader of the Opposition, he should raise such concerns in Parliament, not on social media.

Justice Datta questioned Gandhi’s claim that 2,000 squire kilometers of Indian territory had been occupied by China. If you are a true Indian... you won't say all of this" Justice Datta said about Gandhi's remarks. "Were you there? Do you have any credible material?" the court asked Gandhi. Appearing for the Congress leader, senior advocate Abhishek Singhvi countered, "If he can't say these things... how can he be the Leader of Opposition?" But Justice Datta shot back, "Then why don't you say such things in Parliament?"

Singhvi argued that his client, though a public servant, retains the fundamental right to freedom of speech under Article 19(1)(a) of the Constitution. “Being a member of Parliament does not take away this right,” said Singhvi, adding that the remark was made to prompt the media to raise uncomfortable but necessary questions about national security.

The court, however, expressed its disapproval. “You go on saying Article 19(1)(a), but as leader of the Opposition, should you really be making such statements at a time of cross-border conflict?” the bench asked Singhvi. The court reminded that such sensitive statements must be made, if at all, in Parliament, not in public forums or media briefings.

While staying the criminal defamation case filed by a former BRO Director,Uday Shankar Srivastava the court issued a notice on Gandhi’s plea against the Allahabad High Court’s refusal to quash the proceedings. An interim stay was granted for three weeks. Earlier, on May 29, the High Court had rejected Rahul Gandhi’s plea against the defamation case and the February 2025 summoning order by a Lucknow MP/MLA court.Senior advocate Gaurav Bhatia, representing the complainant, opposed the stay and defended the trial court’s decision. The court, however, said it would hear all objections after three weeks.