NEW DELHI: In a criminal defamation case against senior Congress Leader Rahul Gandhi over his alleged remarks on the India-China clash, the Supreme Court on Wednesday -- after being apprised of the complainant's plea for an early hearing -- underscored "equality before law."
The Supreme Court said that the complainant will have to make a formal request for early listing.
"Let us follow the procedure. File an application seeking early hearing. Everyone is equal before us. Please file an application for early hearing. We will take it up," observed the bench, headed by Chief Justice of India (CJI) Surya Kant and comprising Justices Joymalya Bagchi and V Mohana.
The top court's remarks came during a mentioning on Wednesday by senior advocate Gaurav Bhatia, appearing for the complainant, Uday Shankar Srivastava, former Director, BRO (Border Roads Organisation).
Bhatia sought an early hearing in the case, saying Gandhi's appeal against the summons has not been taken up for five months and he is not a VVIP.
"He (Rahul Gandhi) is not a VVIP. The matter was listed five months ago also and was not taken up. This does not augur well for the institution as well," Bhatia said and sought early hearing into the case against the Leader of Opposition (LOP).
Srivastava, in his complaint, alleged that Gandhi had irresponsibly made a statement that "Chinese soldiers are beating up Indian Army personnel in Arunachal Pradesh" while criticising the government over the Line of Actual Control (LAC).
Earlier, while hearing Gandhi’s appeal seeking a stay on the summons against him, a Supreme Court bench of Justices Dipankar Datta and Augustine George Masih stayed the proceedings but questioned why he had not raised the issue in Parliament instead of on social media and whether his statements were based on credible material.
Gandhi had moved the top court by filing an appeal against the Allahabad High Court order which upheld the summons issued by the Lucknow court in connection with the case.
Srivasatav, in his complaint, alleged that Gandhi's remarks on December 16, 2022, regarding the December 9, 2022 clash between Indian and Chinese armies were derogatory and defamatory towards Indian military forces.
