NEW DELHI: The Supreme Court on Monday slammed senior Congress leader Rahul Gandhi for his alleged comments regarding China capturing Indian territory, stating that if he were a "true Indian", he should not make such statements.
The apex court strongly disapproved of Gandhi making what it called irresponsible statements regarding China's alleged acquisition of Indian land.
"How do you (Gandhi) know that 2,000 sq km was acquired by China? What is the credible material? A true Indian would not say this. When there is a conflict at the border, can you say such things? Why can't you ask these questions in Parliament?" questioned the two-judge bench of the top court, headed by Justice Dipankar Datta and Justice Augustine George Masih.
The court observed that as the Leader of the Opposition (LoP), Gandhi should not have made such statements during a time of border conflict. "But you are a Leader of the Opposition," it added.
However, the Supreme Court granted relief to Gandhi by staying further proceedings in the defamation case and fixed the matter for further hearing after three weeks. "Stay of further proceedings. We issue notice. List after three weeks," Justice Datta said.
During the hearing on Monday, the apex court remarked that freedom of speech under Article 19(1)(a) does not permit making any statement without responsibility.
"Why on social media and not in Parliament? You should say it in Parliament," the court asked Gandhi.
In response, senior advocate Abhishek Manu Singhvi, appearing for Gandhi, argued that his client was being harassed through defamation charges. "If he cannot say such things as Leader of the Opposition, then how will democratic dialogue function?" he said.
In May, the Allahabad High Court had rejected Gandhi’s plea challenging the summoning order passed by an MP-MLA court in Lucknow.
The defamation complaint, filed by former Border Roads Organisation (BRO) Director Uday Shankar Srivastava, is pending in a Lucknow court. According to Srivastava, the alleged derogatory remarks were made by Gandhi on December 16, 2022, during his Bharat Jodo Yatra.