Free speech doesn't extend to defaming Army: High Court raps Rahul Gandhi
Congress leader Rahul Gandhi faced Allahabad High Court's heat on Wednesday over his remarks against Indian soldiers during Bharat Jodo Yatra. The High Court made the remarks while rejecting a plea filed by Gandhi against summons issued by a Lucknow court in connection with his alleged defamatory remarks against the Indian Army during the 2022 Bharat Jodo Yatra.'No doubt, Article 19(1)(a) of the Constitution guarantees freedom of speech and expression, but this freedom is subject to reasonable restrictions and does not include the freedom to make statements which are defamatory to the Indian Army,' the court said.advertisementA defamation case was filed against Gandhi for saying Chinese troops are "thrashing Indian soldiers in Arunachal Pradesh." The remarks were made during a press conference in Rajasthan in 2022.
'People will ask about Bharat Jodo Yatra, here and there, Ashok Gahlot and Sachin Pilot and whatnot. But they will not ask a single question about China capturing 2000 square kilometers of Indian territory, killing 20 Indian soldiers and thrashing our soldiers in Arunachal Pradesh. But the Indian press doesn't ask a question to them about this. Isn't it true? The nation is watching all this. Don't pretend that people don't know,' Rahul Gandhi had said.A defamation case was filed in Uttar Pradesh against Rahul Gandhi and a trial court had issued summons to him. He then moved the Allahabad High Court seeking the proceedings and the summons to be quashed.advertisementThe defamation complaint was filed by former Border Roads Organisation (BRO) Director Uday Shankar Srivastava. The complainant alleged that Gandhi repetitively stated in a very derogatory manner that the Chinese army is 'thrashing' our soldiers in Arunachal Pradesh, and that the Indian Press would not ask any question in this regard.Rahul Gandhi, in his plea, had contended that the complainant is not an officer of the Indian Army and therefore is not an aggrieved person. Rejecting the contention, the court noted that under Section 199(1) Code of Criminal Procedure (CRPC), a person other than the direct victim of an offence can also be considered an "aggrieved person" if they are impacted by the offence.In this case, the Court opined that he was a person 'aggrieved' by the offence as he is a retired Director of the Border Roads Organisation, which is equivalent in rank to a Colonel.
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