Allahabad High Court Denies Relief to Rahul Gandhi in Defamation Case Over Alleged Remarks on Indian Army

The Allahabad High Court has dismissed Congress MP and Leader of Opposition in the Lok Sabha Rahul Gandhi’s petition in a defamation case linked to his remarks concerning the Indian Army.

A single-judge bench of Justice Subhash Vidyarthi observed that the constitutional right to freedom of speech does not extend to making defamatory statements against individuals or the Indian Army.

Court Upholds Summons in Defamation Case

Rahul Gandhi had filed a petition challenging the summons issued by the MP-MLA court in Lucknow in February.

The court, however, rejected his plea, stating that while Article 19(1)(a) of the Constitution grants freedom of speech and expression, this right is subject to reasonable restrictions and does not include the liberty to make defamatory statements.

The court stated, “No doubt, Article 19(1)(a) of the Constitution of India guarantees freedom of speech and expression, this freedom is subject to the reasonable restrictions and it does not include the freedom to make statements which are defamatory to any person or defamatory to the Indian Army,” as reported by Live Law.

Background of the Defamation Case

The case stems from remarks Gandhi allegedly made during the Bharat Jodo Yatra on December 16, 2022, in relation to a clash between Indian and Chinese troops on December 9, 2022.

The complaint was filed by retired Border Roads Organisation Director Uday Shankar Srivastava, who holds a rank equivalent to a Colonel.

Srivastava alleged that Gandhi repeatedly claimed in a derogatory manner that Chinese soldiers were “thrashing” Indian soldiers in Arunachal Pradesh, and that the Indian press was failing to question this.

During the Yatra, Gandhi had stated, “Chinese soldiers are beating up Indian Army personnel in Arunachal Pradesh.”

He further said, “People will ask about Bharat Jodo Yatra, here and there, Ashok Gahlot and Sachin Pilot and whatnot. But they will not ask a single question about China capturing 2000 square kilometers of Indian territory, killing 20 Indian soldiers and thrashing our soldiers in Arunachal Pradesh.”

Gandhi’s Legal Arguments Rejected

In his defence, Rahul Gandhi argued that Srivastava was neither an Army officer nor personally defamed by the remarks.

He also contended that the complaint was filed with mala fide intent and lacked credibility. However, the High Court rejected this line of reasoning.

The court clarified that under Section 199(1) of the Criminal Procedure Code, a person other than the direct victim can be considered an “aggrieved person” if they are affected by the alleged offence.

In this case, Srivastava, who expressed deep admiration for the Indian Army, claimed to be personally offended by Gandhi’s comments.

Justice Vidyarthi noted, “The trial Court has rightly arrived at the decision to summon the applicant to face trial for the offence under Section 500 IPC after taking into consideration all the relevant facts and circumstances of the case and after satisfying himself that a prima facie case for trial of the applicant is made out,” as reported by Bar and Bench.

Previous Supreme Court Warning

The Supreme Court had earlier reprimanded Rahul Gandhi in a similar defamation matter.

Although it had stayed proceedings in that case, the top court had issued a warning to Gandhi, advising him to refrain from making irresponsible remarks in the future.

Gandhi’s Plea Challenged Jurisdiction and Motivation

Rahul Gandhi’s legal team, led by advocate Pranshu Agarwal, argued that the trial court in Lucknow should have verified the authenticity of the allegations before summoning him, especially as Gandhi is not a resident of Lucknow.

The plea also questioned the motivations behind the complaint, calling it politically motivated and lacking substantive merit.

Despite these arguments, the High Court ruled against Gandhi, emphasizing that the matter had passed the threshold for a trial and that it was now the duty of the trial court to assess the claims further.

Final Order and Clarification

The Allahabad High Court issued its detailed order on Wednesday after hearing arguments on Thursday. It maintained that it was not necessary at this preliminary stage to delve into the merits of either party’s claims.

The bench concluded that the trial court’s decision to summon Gandhi was legally sound and backed by adequate consideration of the relevant facts.

Additional Chief Judicial Magistrate Alok Verma had earlier directed Gandhi to appear for the hearing on March 24. With the High Court’s decision, Gandhi will now have to face trial in the defamation case filed against him for his comments made during the Bharat Jodo Yatra in December 2022.