Rahul Gandhi defamation case: SC says follow procedure for hearing

The Supreme Court advised the complainant in the defamation case against Rahul Gandhi to file a plea for an early hearing. The CJI-led bench noted the appeal hasn't been listed for 5 months but stressed that procedure must be followed by all.

The Supreme Court on Wednesday asked the complainant in the criminal defamation case against Congress leader Rahul Gandhi to file an application seeking an early hearing if he wanted the matter to be taken up urgently.

A bench headed by Chief Justice of India Surya Kant, along with Justices Joymalya Bagchi and V Mohana, said the procedure must be followed and emphasised that "everyone is equal before us". Senior advocate Gaurav Bhatia, appearing for the complainant, submitted that Gandhi was not a VVIP and his appeal against the cognisance taken by the trial court had not been listed for nearly five months. “Let us follow the procedure. File an application seeking early hearing. Everyone is equal before us. Please file an application for early hearing. We will take it up," the CJI said.

Background of the Case

The case relates to Gandhi's 2022 remarks alleging that Chinese soldiers were beating Indian Army personnel in Arunachal Pradesh. The Supreme Court had earlier stayed the proceedings against him while seeking to know the basis for his remarks.

Gandhi had approached the apex court challenging an Allahabad High Court order that upheld summons issued to him by a Lucknow court on a complaint alleging that his remarks were defamatory of the armed forces.

The proceedings arose from a complaint lodged by Uday Shankar Srivastava, a former Border Roads Organisation (BRO) director holding a rank equivalent to that of an Army Colonel. Srivastava alleged that Gandhi’s remarks concerning the December 9, 2022 India-China clash, made on December 16 2022, were objectionable and amounted to defamatory comments against the Indian armed forces.

Gandhi allegedly made derogatory remarks against the Indian Army during his 2022 Bharat Jodo Yatra. (ANI)

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