SC stays defamation proceedings against Rahul Gandhi over India-China border remark
A bench comprising Justices Dipankar Datta and AG Masih passed the interim order while hearing Gandhi's Special Leave Petition (SLP), which challenged the Allahabad High Court's May 29 ruling. The High Court had refused to quash the defamation complaint and summoning order, which Gandhi claimed were driven by malice and filed with dishonest intent.
The case pertains to allegations that Rahul Gandhi made derogatory remarks about the Indian Army during his Bharat Jodo Yatra. While staying the proceedings, the SC also made sharp observations about his remarks, saying, 'If you were a true Indian, you would not say all this.'
The complaint was originally filed in a local court by former Border Roads Organisation (BRO) director Uday Shankar Srivastava.
As per LiveLaw, Justice Datta questioned Rahul Gandhi's decision to air his views on social media instead of inside the Parliament. 'Whatever you have to say, why don't you say in the Parliament? Why do you have to say this in the social media posts?' he asked. 'How do you get to know that 2,000 square kilometres of Indian territory were occupied by the Chinese? Were you there? Do you have any credible material? Why do you make these statements without any...If you were a true Indian, you would not say all this,' Justice Datta remarked.
3. Rahul Gandhi's counsel, Dr Abhishek Manu Singhvi, argued that even a 'true Indian' could express concerns over the killing of 20 Indian soldiers. He said, 'It is also possible that a true Indian will say that our 20 Indian soldiers were beaten up and killed and that it is a matter of concern.' The court responded, 'When there is a conflict across the order, is it unusual to have casualties on both sides?'
4. Singhvi argued, 'If he can't say these things which are published in the press, he can't be a Leader of Opposition.' The bench asserted, "You are Leader of Opposition. Say things in Parliament, why do you have say it on social media?" LiveLaw reported.
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