Highlights

  • SC questions Gandhi's remarks on Army
  • Court stays criminal proceedings in Lucknow
  • Bench asks for credible material proof

Latest news

ASUS Announces Festive Discounts Across Laptops, Gaming PCs And Tablets

ASUS Announces Festive Discounts Across Laptops, Gaming PCs And Tablets

Priyanka Gandhi lies on ground, Rahul detained as Delhi Police stop INDIA bloc MPs' Jantar Mantar march

Priyanka Gandhi lies on ground, Rahul detained as Delhi Police stop INDIA bloc MPs' Jantar Mantar march

Emotion, tears as Messi retires from Argentina national team

Emotion, tears as Messi retires from Argentina national team

Rajpal Yadav tells CJI Surya Kant his legal troubles inspired film title ‘Solah Sawan Jhel Ke’

Rajpal Yadav tells CJI Surya Kant his legal troubles inspired film title ‘Solah Sawan Jhel Ke’

Arun Govil returns to ‘Ramayana’ as King Dashrath in new poster

Arun Govil returns to ‘Ramayana’ as King Dashrath in new poster

Sensex falls 429 points, Nifty slips 173 points after RBI rate hike

Sensex falls 429 points, Nifty slips 173 points after RBI rate hike

RBI raises repo rate by 25 bps to 5.50%, shifts policy towards tightening

RBI raises repo rate by 25 bps to 5.50%, shifts policy towards tightening

AAP stages ‘vote theft’ protest in Delhi, workers stopped by police barricades

AAP stages ‘vote theft’ protest in Delhi, workers stopped by police barricades

Remarks against Army: SC raps Rahul Gandhi but stays proceedings against him

Supreme Court questions Rahul Gandhi's Army comments, stays Lucknow court case; issues notice to UP government and complainant.

Remarks against Army: SC raps Rahul Gandhi but stays proceedings against him

If you are a true Indian, you wouldn't say such a thing, the Supreme Court on Monday said as it censured Congress leader Rahul Gandhi over his alleged derogatory remarks about the Indian Army during his Bharat Jodo Yatra.

The top court, however, stayed the proceedings initiated in the matter against Gandhi before a Lucknow court.

A bench of Justices Dipankar Datta and Augustine George Masih issued notice to the Uttar Pradesh government and the complainant in the case.

"You are leader of opposition. Why don't you say things in Parliament, why do you have to say it on social media?" the bench asked.

The top court continued, "How do you get to know that 2,000 sq km of Indian territory has been occupied by Chinese? Were you there? Do you have any credible material?" The bench further asked, "Why do you make these statements without having any material? If you are a true Indian, you won't say such a thing." Senior advocate Abhishek Singhvi, appearing for Gandhi, submitted if the leader of opposition cannot raise issues, it would be an unfortunate situation.

"If he can't say these things which are published in the Press, then he can't be a leader of opposition," Singhvi submitted.

On the bench's true Indian remark, Singhvi replied," It is also possible that a true Indian will say that our 20 Indian soldiers were beaten up and killed. This it is also a matter of concern." The top court then said, "When there is a conflict across the border, is it unusual to have casualties on either sides?" Singhvi said Gandhi was only on the point of proper disclosure and raising concerns about the suppression of information.

Justice Datta said being a responsible leader of opposition, Gandhi ought not have done it as there was a proper forum to raise such questions.

While agreeing that Gandhi could have made the comments in a better manner, Singhvi said the complaint was nothing but an attempt to harass the petitioner.

Singhvi referred to Section 223 of Bharatiya Nagarik Suraksha Sanhita and said a prior hearing of the accused was mandatory before the court took cognisance of a criminal complaint, which was not done in the present case.

The top court then issued notice on the plea while seeking response in three weeks and stayed the proceedings in the Lucknow trial court.

The Allahabad High Court on May 29 dismissed Gandhi's plea.

Gandhi challenged the summoning order and the complaint arguing that it was motivated and lodged in mala fide manner.

In his plea filed in a court, complainant Udai Shanker Srivastava alleged during the December 2022 Yatra, Gandhi made several derogatory remarks about the Indian Army in context of the conflict with Chinese soldiers.

The lower court then summoned Gandhi as an accused for facing trial.

Gandhi's advocate Pranshu Agarwal had argued that the allegations appeared to be fabricated just by reading the complaint.

It was also argued that Gandhi is not a resident of Lucknow, so before summoning him on this complaint, the subordinate court should have investigated the veracity of the allegations and he should have been summoned only if the allegations were prima-facie found to be fit for trial.

Frequently Asked Questions

Rahul Gandhi was accused of making derogatory remarks about the Indian Army during his Bharat Jodo Yatra, specifically regarding the conflict with Chinese soldiers and the occupation of Indian territory.

ADVERTISEMENT

Up Next

Remarks against Army: SC raps Rahul Gandhi but stays proceedings against him

Remarks against Army: SC raps Rahul Gandhi but stays proceedings against him

Priyanka Gandhi lies on ground, Rahul detained as Delhi Police stop INDIA bloc MPs' Jantar Mantar march

Priyanka Gandhi lies on ground, Rahul detained as Delhi Police stop INDIA bloc MPs' Jantar Mantar march

AAP stages ‘vote theft’ protest in Delhi, workers stopped by police barricades

AAP stages ‘vote theft’ protest in Delhi, workers stopped by police barricades

INDIA bloc protest: Heavy security in place at Jantar Mantar ahead of MPs’ march

INDIA bloc protest: Heavy security in place at Jantar Mantar ahead of MPs’ march

INDIA bloc MPs head to Jantar Mantar, demand CEC Gyanesh Kumar’s resignation

INDIA bloc MPs head to Jantar Mantar, demand CEC Gyanesh Kumar’s resignation

Delhi residential building collapses in New Seemapuri, no casualties reported

Delhi residential building collapses in New Seemapuri, no casualties reported

ADVERTISEMENT

editorji-whatsApp

More videos

BJP holds ‘Viksit Bharat Sankalp Sabhas’, torch rallies marking PM Modi’s 25 years

BJP holds ‘Viksit Bharat Sankalp Sabhas’, torch rallies marking PM Modi’s 25 years

India condemns Strait of Hormuz vessel attack that injured 11 Indian sailors

India condemns Strait of Hormuz vessel attack that injured 11 Indian sailors

Sudhanshu Trivedi says Congress is 'intoxicated by defeat' amid ECI protest

Sudhanshu Trivedi says Congress is 'intoxicated by defeat' amid ECI protest

Delhi Police detain Youth Congress, NSUI leaders amid protest over CEC Gyanesh Kumar

Delhi Police detain Youth Congress, NSUI leaders amid protest over CEC Gyanesh Kumar

Tensions rise outside ECI headquarters as Congress workers push towards Nirvachan Sadan

Tensions rise outside ECI headquarters as Congress workers push towards Nirvachan Sadan

Kiren Rijiju targets Rahul Gandhi, Congress over ECI protest, calls it 'daily drama'

Kiren Rijiju targets Rahul Gandhi, Congress over ECI protest, calls it 'daily drama'

Rahul Gandhi attacks Centre, CEC over ECI row, says 'Modi-Shah hijacked country'

Rahul Gandhi attacks Centre, CEC over ECI row, says 'Modi-Shah hijacked country'

Delhi HC dismisses pleas seeking probes into 2020 Delhi riots, Jamia violence

Delhi HC dismisses pleas seeking probes into 2020 Delhi riots, Jamia violence

Sambit Patra targets AAP over corruption allegations against Punjab CM's OSD

Sambit Patra targets AAP over corruption allegations against Punjab CM's OSD

Rahul Gandhi targets CEC Gyanesh Kumar after SC questions modified Form 6

Rahul Gandhi targets CEC Gyanesh Kumar after SC questions modified Form 6

Editorji Technologies Pvt. Ltd. © 2022 All Rights Reserved.