On Monday, the Supreme Court took a strong stand against Congress leader Rahul Gandhi for his comments about the Indian Army made during his Bharat Jodo Yatra in December 2022. The court remarked that “a true Indian will not say all this,” while agreeing to put criminal defamation proceedings against him on hold for now.

The case stems from Gandhi’s controversial claim during the yatra, where he alleged that the Chinese Army had “captured 2,000 sq km of Indian territory,” “killed 20 Indian soldiers,” and “thrashed our jawans in Arunachal Pradesh.” These statements led to a defamation case filed against him.

During the hearing, the Supreme Court questioned why Gandhi chose to make such serious allegations in public and on social media instead of in Parliament, especially during a time of cross-border tensions.

“Were you there? How did you come to know that 2,000 square kilometers had been captured?” the bench asked Gandhi’s lawyer, senior counsel Abhishek Manu Singhvi.

Singhvi defended Gandhi’s right to free speech under Article 19(1)(a) of the Constitution, emphasizing that being a Member of Parliament does not take away this fundamental right. He also said Gandhi’s comments aimed to urge the media to ask tough but necessary questions about national security.

However, the court was not convinced. “As leader of the Opposition, should you be making such statements at this sensitive time?” the judges asked.

The bench said that such sensitive issues should be raised in Parliament, not on social media or in public forums. “Whatever you have to say, why don’t you say it in Parliament?” they questioned.

The Supreme Court agreed to review some key legal points raised by Gandhi’s team, including his claim that the trial court summoned him without giving him a proper hearing—a point the Allahabad High Court hadn’t considered. The court also looked into whether the complainant was the right person to file the defamation case.

The complainant, Uday Shankar Srivastava—a retired Border Roads Organisation director—argued that Gandhi’s statements were “false and baseless,” meant to demoralize the army and mislead the public. Srivastava pointed out that the army had officially stated that Chinese troops were successfully pushed back during the Arunachal Pradesh clash.

The Allahabad High Court had earlier refused to quash the summons issued to Gandhi, saying there was a prima facie case against him. The court also rejected Gandhi’s argument that he was protected by parliamentary privilege, ruling no prior sanction was required to proceed.

The Supreme Court will hear the case in detail after three weeks, while trial proceedings remain on hold.