While hearing Gandhi's plea on August 4, the top court stayed till the next date of hearing further proceedings in the case pending before a court in Lucknow. (File Photo | ANI)
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Remarks against Army: SC extends stay on trial court proceedings against Rahul Gandhi

The bench was hearing Gandhi's plea challenging a May 29 order of the Allahabad High Court dismissing his plea challenging the trial court's summoning order in the case.

Suchitra Kalyan Mohanty

NEW DELHI: The Supreme Court on Thursday, in an interim order, extended till 4 December the stay on proceedings against Congress Member of Parliament and Leader of Opposition (LoP) in the Lok Sabha, Rahul Gandhi, over his allegedly defamatory remarks against the Indian Army during his Bharat Jodo Yatra in 2022–23.

A two-judge Bench of the apex court, headed by Justice M.M. Sundresh and Justice Satish Chandra Sharma, said, “We extend the stay of proceedings in the case,” and adjourned the matter for further hearing to 4 December 2025.

The case pertains to a defamation complaint filed by Uday Shankar Srivastava, former Director of the Border Roads Organisation (BRO), against Gandhi for his allegedly derogatory remarks made on 16 December 2022 during the Bharat Jodo Yatra. The complaint was pending before a Lucknow court.

Earlier, in May, the Allahabad High Court had rejected Gandhi’s plea challenging the summoning order issued by an MP/MLA court in Lucknow, prompting him to approach the Supreme Court for relief.

During a previous hearing, the Supreme Court had strongly criticised the senior Congress leader for his alleged comments regarding China capturing Indian territory. The Bench had questioned him, saying that if he was a “true Indian”, he should not have made such remarks.

The court had also disapproved of Gandhi’s allegedly irresponsible statements on China capturing Indian land. “How do you (Gandhi) get to know when 2,000 sq km was acquired by China? What is the credible material? A true Indian will not say this. When there is a conflict across the border. Can you say all this? Why can’t you ask the question in Parliament?” the Bench had asked.

The apex court further observed that the Leader of Opposition should not have made such statements at a time of tension at the border. “But you are a Leader of Opposition,” it added.

Abhishek Manu Singhvi, senior lawyer appearing for Gandhi, had argued in the earlier hearing that the defamation charges were excessive. “But you cannot harass somebody like this with defamation charges. If he cannot say all this as Leader of Opposition then how will it pan out,” he had said.

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