“This Isn’t What a True Indian Says”: SC Criticizes Rahul Gandhi’s Remarks on Armed Forces

The Bench of Justice Dipankar Datta and Justice A.G. Masih was hearing Gandhi’s plea challenging a defamation case filed over his comments made on December 16, 2022, in the aftermath of a clash between Indian and Chinese troops in Arunachal Pradesh.

At one point, Justice Datta remarked sharply, “If you were a true Indian, you would not say all these things.”

He 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 observed.

Senior Advocate Abhishek Manu Singhvi, appearing for Gandhi, submitted that the comments in question were political in nature and made in public interest. He read out the actual remarks concerning the border clash and argued that the complaint was politically motivated.

“There is a technique now, become an MP and file defamation for any criticism,” Singhvi said.

However, the Bench appeared unconvinced at this stage. Justice Datta also questioned the appropriateness of making such statements via social media instead of raising them in Parliament.

Appearing for the complainant, Senior Advocate Gaurav Bhatia opposed the plea and said the High Court had already examined the matter in detail. He pointed out that statements were recorded, and materials were on record to justify continuation of proceedings.

The case stems from a complaint by Uday Shankar Srivastava over Gandhi’s December 2022 statement: “Chinese soldiers are beating up Indian Army personnel.”

The complaint alleged that Gandhi’s comment was defamatory and demoralising to the armed forces.

Earlier, on March 29, 2025, the Lucknow Bench of the Allahabad High Court had dismissed Gandhi’s plea challenging the summons issued by a Magistrate Court.

Despite the tough observations, the Supreme Court today issued notice and granted an interim stay on further proceedings in the defamation case. The matter will be taken up after three weeks.

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.