Supreme Court Stays Proceedings Against Rahul Gandhi in Army Remarks Case, Questions Intent Behind Complaint

New Delhi, August 4, 2025: The Supreme Court of India has stayed proceedings in a Lucknow trial court against Congress leader and Leader of Opposition Rahul Gandhi, who is facing a criminal complaint over alleged derogatory remarks made about the Indian Army during his 2022 Bharat Jodo Yatra.

During the hearing, a bench comprising Justice Dipankar Datta questioned the foundation of the complaint and made strong observations. “Why do you make these statements without having any material? If you are a true Indian, you won’t say such a thing,” the bench remarked, raising concerns over the comments allegedly made by Gandhi.

In response, senior advocate Abhishek Manu Singhvi, appearing for Gandhi, defended the remarks, arguing that as Leader of Opposition, Gandhi must be allowed to raise concerns based on publicly available information. “If he can’t say these things which are published in the press, then he can’t be a leader of opposition,” Singhvi said.

When the bench reiterated its view about what a “true Indian” would say, Singhvi retorted, “It is also possible that a true Indian will say that our 20 Indian soldiers were beaten up and killed. This too is a matter of concern.” He emphasized that Gandhi was merely highlighting the lack of disclosure regarding the India-China border clash and was not undermining the military.

Justice Datta expressed that being a responsible leader, Gandhi should have used a more appropriate platform to raise such issues. Singhvi acknowledged this and added that while the remarks could have been more measured, the complaint itself was a politically motivated attempt to harass the Congress leader.

Singhvi also invoked Section 223 of the Bharatiya Nagarik Suraksha Sanhita, pointing out that no prior hearing of the accused took place before the court took cognisance of the complaint, thereby violating procedural norms.

The Supreme Court has now issued a notice to the complainant and sought a response within three weeks. Proceedings in the trial court have been put on hold until further notice.

Background of the Case

The controversy stems from a complaint filed by Udai Shanker Srivastava in Lucknow, who alleged that Gandhi made derogatory statements about the Indian Army during a public address in December 2022, referencing the India-China border tension.

Srivastava claimed Gandhi’s remarks demoralized the armed forces and amounted to sedition. The lower court in Lucknow subsequently summoned Gandhi as an accused.

However, Gandhi’s legal team, led by advocate Pranshu Agarwal, argued that the complaint was fabricated, lacked prima facie evidence, and that Gandhi, not being a resident of Lucknow, should not have been summoned without proper judicial inquiry.

Earlier, the Allahabad High Court had dismissed Gandhi’s plea challenging the summoning order on May 29, following which the matter was taken to the Supreme Court.