The Supreme Court on Monday delivered a sharp reprimand to Congress leader Rahul Gandhi over his controversial remarks concerning Chinese occupation of Indian territory, made during the 2022 Bharat Jodo Yatra. Even as the apex court stayed the criminal defamation proceedings against him, it questioned the credibility and source of his claim that China had taken over 2,000 sq km of Indian land following the Galwan Valley clash.
Bench grills Gandhi over ‘surrender’ remark
A two-judge bench comprising Justice Dipankar Datta and Justice AG Masih pulled up Gandhi for suggesting that the Indian government had “surrendered” land to China after the violent clash in June 2020, which saw 20 Indian soldiers killed in Ladakh’s Galwan Valley.
“How did you get to know that 2,000 sq km of Indian land has been taken over by the Chinese? If you are a true Indian… you won’t say all of this,” Justice Datta said, further asking, “Were you there? Do you have any credible material?”
When senior advocate Abhishek Manu Singhvi, appearing for Gandhi, argued that such questions fall within the remit of a political leader and Leader of the Opposition, Justice Datta retorted, “Then why don’t you say such things in Parliament?”
Despite the criticism, the court issued a notice to the complainant in the defamation case and stayed the proceedings, after Singhvi pointed out procedural lapses in the case, including the alleged denial of a prior hearing for Gandhi before taking cognisance of the complaint.
Case background: HC refused to quash summons
Earlier in May, the Allahabad High Court had dismissed Rahul Gandhi’s plea seeking to quash a February 2024 summons issued by a special court in Lucknow. The summons was based on a complaint filed by one Udai Shanker Srivastava, who alleged that Gandhi had defamed the Indian Army through his public remarks.
Justice Subhash Vidyarthi of the High Court ruled that freedom of speech does not extend to defaming the Army, and said that Gandhi’s argument about politically motivated charges lacked sufficient ground for quashing the case.
Gandhi’s repeated remarks on Chinese incursion
Gandhi has consistently alleged that the Modi government has adopted a “dangerous” stance by denying Chinese occupation of Indian land. He reiterated his views in January 2023 from Srinagar, stating, “I keep repeating… the approach the government is following, by denying the Chinese have taken our land, is an extremely dangerous approach.”
He had also remarked, “The way to deal with the Chinese is to deal with them firmly, and to make it clear that they are sitting on our land and it is not something we will tolerate.”
BJP counters, calls Gandhi ‘confused’
The BJP, in response, has repeatedly condemned Gandhi’s statements, accusing him of undermining national security. The ruling party has labelled him “perpetually confused” and claimed that his remarks were a continuation of his party’s historical stance of appeasement in matters of national security.