Remarks on Army: Supreme Court Extends Stay on Trial Against Rahul Gandhi
Rahul Gandhi was accused of defaming the Indian Army by alleging Chinese troops assaulted Indian soldiers, sparking a criminal defamation case over his 2022 Bharat Jodo Yatra remarks
SC extended its interim stay on trial proceedings against Rahul Gandhi over alleged remarks on the Indian Army during the 2022 Bharat Jodo Yatra case
The Supreme Court on Thursday extended till December 4 its interim protection granted to Congress leader Rahul Gandhi in the criminal proceedings arising from a complaint accusing him of making derogatory remarks against the Indian Army during the 2022 Bharat Jodo Yatra.
The Bench of Justices M M Sundresh and Satish Chandra Sharma deferred the hearing after noting that a request for adjournment had been circulated.
The Court was considering Gandhi’s challenge to a May 29 order of the Allahabad High Court, which had dismissed his plea against the summoning order passed by a Lucknow court.
On August 4, the Supreme Court had stayed further proceedings in the case and issued notice to the Uttar Pradesh government and the complainant. The Bench had also come down heavily on Gandhi for his alleged remarks against the Indian Army during the 2022 Bharat Jodo Yatra, questioning the basis of his statements and asserting that such comments were unbecoming of a “true Indian.”
At one point, Justice Dipankar Datta had remarked sharply, “If you were a true Indian, you would not say all these things.” He had questioned how Gandhi claimed that 2,000 km of Indian territory was occupied by China. “Are you there? Do you have any credible material? Why would you make these statements without anything? Just because you’re a responsible leader of the Opposition, it does not mean you say such things,” Justice Datta had observed.
To this remark of the Court, many leaders of the Congress party and other INDIA bloc constituents had denounced the judicial comments as misplaced and inappropriate. In a joint statement, members of the INDIA alliance, including the Congress party, said they “respectfully disagreed” with the Court’s observation, describing it as “extraordinary and unwarranted” and an “attack on the democratic right of political leaders to question the government on matters of national interest.”
Notably, a special MP-MLA court in Varanasi on May 27 dismissed a petition filed against Gandhi over his controversial reference to Lord Ram as a "fictional character" during a speech at a U.S. university last month.
The complaint, filed by Advocate Harishankar Pandey, alleged that Gandhi’s remarks had hurt religious sentiments. However, Additional Chief Judicial Magistrate Neeraj Kumar Tripathi rejected the plea as “non-maintainable,” citing provisions under Bharatiya Nagarik Suraksha Sanhita (BNSS), 2023.
In another case over Gandhi's statements, the Supreme Court on April 24, 2025, issued notice and stayed the operation of the Allahabad High Court’s order refusing to quash the summons issued to him in a defamation case concerning his remarks against freedom fighter Vinayak Damodar Savarkar. “You have a strong case on law, and you will get a stay. But if there are any further irresponsible statements from him, the Court will be compelled to take up the matter suo motu,” Justice Dipankar Datta had then warned Gandhi during the hearing. On July 25, the Apex Court had extended the stay on the criminal case.
Case Title: Rahul Gandhi v. State of Uttar Pradesh & Anr.
Hearing Date: November 20, 2025
Bench: Justices MM Sundresh and Satish Chandra Sharma