“Were You There?”: Supreme Court Raps Rahul Gandhi Over China Remark

Supreme Court Questions Rahul Gandhi on China Land Grab Remark, Stays Defamation Case

SC Stays Defamation Case but Questions Rahul’s Claim on 2,000 Sq Km Land Grab by China

The Supreme Court of India delivered a sharp rebuke to Congress MP Rahul Gandhi on Monday while hearing a plea to quash a criminal defamation case filed against him over a 2022 remark he made during the Bharat Jodo Yatra. The court stayed the ongoing proceedings but did not shy away from questioning the credibility of his controversial claim about China occupying 2,000 sq km of Indian territory.

🏛️ What Did Rahul Gandhi Say?

  • During his yatra in December 2022, Gandhi alleged: “Chinese troops are thrashing Indian soldiers in Arunachal Pradesh.”
  • He further claimed: “2,000 sq km of Indian land has been taken over by the Chinese.”
  • Gandhi directly blamed Prime Minister Narendra Modi’s government, accusing it of surrendering to China.

⚖️ Supreme Court’s Strong Reaction

The bench of Justice Dipankar Datta and Justice AG Masih stayed the defamation proceedings but questioned the basis of Gandhi’s statements:

  • “How do you know China has taken 2,000 sq km of land?” Justice Datta asked.
  • “Were you there? Do you have credible material?”
  • He added, “If you are a true Indian… you won’t say all of this.”

🗣️ Singhvi Defends Gandhi, Court Pushes Back

Senior advocate Abhishek Manu Singhvi, appearing for Gandhi, argued:

“If he can’t say these things, how can he be the Leader of Opposition?”

To this, the court bluntly responded:

“Then why don’t you say such things in Parliament?”

Despite the exchange, the Supreme Court issued notice on Gandhi’s plea and stayed the trial proceedings, citing potential procedural lapses.

📝 What Is the Case About?

  • A complaint was filed by Udai Shanker Srivastava, who accused Gandhi of defaming the Indian Army.
  • The case pertains to criminal defamation and is being heard in a special court for MPs and MLAs in Lucknow.
  • The complaint was taken up without a prior hearing for Gandhi — an issue raised by his counsel in the Supreme Court.

🏛️ Background: What Happened in the Allahabad High Court?

In May 2024, the Allahabad High Court had rejected Rahul Gandhi’s plea challenging the criminal summons.

Key points from the High Court ruling:

  • Freedom of speech does not give the right to defame the Army, observed Justice Subhash Vidyarthi.
  • The court held that the special court acted correctly in taking cognizance of the complaint.
  • Gandhi argued the charges were politically motivated, but the court remained unconvinced.

🔁 BJP’s Counterattack

The Bharatiya Janata Party (BJP) has frequently attacked Gandhi over the same remarks.

  • The party labeled him “perpetually confused.”
  • It accused him of wanting India to surrender to China, similar to past Congress governments.
  • BJP leaders said his comments “demoralize the armed forces.”

⚖️ What Happens Next?

  • With the Supreme Court stay, Rahul Gandhi will not face trial immediately.
  • However, the case remains alive, and the court has sought responses from the concerned parties.
  • The next hearing date is awaited, as the credibility of the original claims may now come under deeper scrutiny.

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