The Supreme Court on Monday ordered a stay on proceedings against the Leader of Opposition in the Lok Sabha and Congress MP Rahul Gandhi in the Allahabad High Court over his statements on the Indian Army during his Bharat Jodo Yatra.
The Supreme Court bench, led by Justice Dipankar Datta and Justice George Masih, slammed the Congress leader, saying, "You are the leader of the Opposition, say things in Parliament, not on social media."
The bench observed, "How do you get to know that 2000 sq km of land was occupied by the Chinese? Were you there? Do you have any credible material?"
It added, "Why do you make these statements without having any material? If you are a true Indian, you wouldn't say such a thing", reported PTI.
The Supreme Court bench also issued a notice to the Uttar Pradesh Government and the complainant in the case. Earlier, the Allahabad High Court had dismissed Rahul Gandhi's plea that challenged the summon order and complaint, arguing that it was lodged in a 'mala fide' manner.
Appearing for Gandhi, Senior Advocate Abhishek Singhvi submitted that if the Leader of Opposition didn't raise such issues, then it would be an unfortunate situation. He said, "If he can't say these things which are published in the Press, then he can't be a Leader of Opposition."
Upon the bench's true Indian remark, Singhvi responded, "It is also possible that a true Indian will say that our 20 Indian soldiers were beaten and killed. This is also a matter of concern."
The apex court then said, "When there is a conflict across the border, is it unusual to have casualties on both sides?"
In the complaint, it was alleged that the remarks made by Rahul Gandhi about the Indo-China clash in December 2022 defamed and demoralised the Indian Army. Rahul Gandhi had stated that the Chinese Army was "thrashing" Indian soldiers on the border in Arunachal Pradesh, and the media wouldn't question it.
Justice Dutta said that, being a responsible Leader of the Opposition, Rahul Gandhi should not have done it, as there is a proper forum to raise questions.
His lawyer said that Rahul Gandhi's remarks were only for proper disclosure and to raise questions about the suppression of information. However, Singhvi affirmed that the statements could have been made properly, but the complaint was only to harass the petitioner.