Remarks on Indian Army: Supreme Court Extends Relief to Rahul Gandhi in Defamation Case
SC extended interim relief to Rahul Gandhi in the defamation case linked to his Bharat Jodo Yatra remarks on the Indian Army, listing the matter for final hearing in April
The Supreme Court on Thursday extended the interim protection granted to Congress leader Rahul Gandhi in the defamation case stemming from his remarks about the Indian Army during the 2022 Bharat Jodo Yatra.
The Bench of Justices MM Sundresh and Satish Chandra Sharma took note of the ongoing proceedings before the trial court and directed that the stay on those proceedings would continue.
The Court also scheduled the matter for final hearing in April 2026.
The complaint alleges that Gandhi’s comments, made in the context of the 2020 Galwan Valley clash between India and China, amounted to defamation of the Indian Army. The trial court proceedings were earlier stayed by the Supreme Court, a protection now extended until the matter is heard in detail.
The Court clarified that no coercive steps should be taken against Gandhi in the meantime.
Earlier, on November 20, the Bench had extended till December 4 its interim protection granted to the Congress leader.
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: December 4, 2025
Bench: Justices MM Sundresh and Satish Chandra Sharma