SC Stays Defamation Case Against Rahul Gandhi Over Galwan Remarks, But Criticises His Comments

The Supreme Court on Monday (August 4) stayed the criminal defamation proceedings against Congress leader and Leader of Opposition Rahul Gandhi. The case pertains to Gandhi's controversial remarks on the Indian Army following the 2020 Galwan Valley clash with China. The interim relief came in response to Gandhi’s Special Leave Petition challenging the Allahabad High Court’s refusal to quash the case.

Bench Expresses Disapproval of Gandhi’s Remarks

Although the bench of Justices Dipankar Datta and A.G. Masih granted temporary relief for three weeks, it sharply criticised Gandhi’s comments. “If you were a true Indian, you would not say all this,” Justice Datta remarked, questioning how Gandhi claimed Chinese forces had occupied 2,000 sq km of Indian territory without offering credible evidence. “Were you there?” he asked pointedly.

Justice Datta further asked why Gandhi did not raise such matters in Parliament instead of on social media.

Senior Advocate Abhishek Manu Singhvi, representing Gandhi, argued that opposition leaders must be allowed to raise concerns and that Gandhi was questioning the lack of disclosure about the Galwan incident. He conceded the remarks could have been worded better but maintained the complaint was politically motivated and aimed at harassment.

Singhvi also raised a procedural concern under Section 223 of the Bharatiya Nagarik Suraksha Sanhita (BNSS), arguing that a prior hearing was required before cognisance. The Court noted that this point wasn’t raised before the High Court but agreed to consider it now.

Three-Week Interim Relief Granted

The Court issued a notice on Gandhi’s plea, staying the trial court proceedings for three weeks. The original defamation case was based on a February 2025 summoning order by an MP-MLA court in Lucknow, which was later upheld by the Allahabad High Court on May 29.

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