SC slams Rahul Gandhi: ‘If you were a true Indian, you would not say all this...’

New Delhi: The Supreme Court on Monday heard a plea filed by Leader of Opposition Rahul Gandhi seeking to quash a criminal defamation case over his alleged remarks on the Indian Army during the Bharat Jodo Yatra in 2022.

The remarks, which referenced the Galwan Valley clash with China, drew criticism and legal action from a retired defence official.

What did the Supreme Court say about Rahul Gandhi’s remarks?

According to reports the bench comprising Justices Dipankar Datta and A.G. Masih stayed further proceedings in the case but made sharp oral observations. Justice Datta questioned Gandhi’s basis for claiming that “2,000 sq km of Indian territory was occupied by China” during the Galwan clash in 2020. The court asked, “Were you there? Do you have any credible material? Why do you make these statements without any... If you were a true Indian, you would not say all this.”

The bench also noted that casualties during border conflicts are not unusual and questioned the rationale behind politicising such events.

What is the case against Rahul Gandhi?

The criminal defamation complaint was filed by retired defence PRO Uday Shankar Srivastava in Lucknow, alleging that Gandhi’s statements insulted the Indian Army and tarnished its image. The remarks in question were made on 16 December 2022 during a Bharat Jodo Yatra rally.

The MP-MLA court in Lucknow had issued a summons to Gandhi and directed him to appear in person. He complied on 15 July 2025 and was granted bail.

What happened in the Allahabad High Court?

Rahul Gandhi had earlier challenged the summons in the Allahabad High Court, arguing that his freedom of speech was being curtailed. However, on 29 May 2025, the High Court dismissed his plea, stating that freedom of expression does not extend to defaming constitutional institutions like the Indian Army.

Rahul Gandhi then approached the Supreme Court with a special leave petition (SLP), which was heard on 4 August 2025. Although the court has stayed the defamation proceedings for now, it has not quashed the case. A final decision on whether the case will proceed or be dismissed is pending.

The Congress has defended Rahul Gandhi, claiming that his comments were misinterpreted and his intention was never to insult the army. Party leaders argue that the issue has been politicised to target Gandhi ahead of future political engagements.