The Supreme Court on Monday, August 4, 2025, strongly criticized Rahul Gandhi, Leader of the Opposition in Lok Sabha, for his remarks concerning the Indian Army and alleged Chinese aggression. The remarks in question, made during his Bharat Jodo Yatra in December 2022, claimed that Chinese soldiers were "thrashing" Indian soldiers in Arunachal Pradesh and that China had occupied 2,000 square kilometers of Indian territory.
A bench comprising Justices Dipankar Datta and Augustine George Masih voiced their disapproval of Gandhi's statements while hearing his appeal against an Allahabad High Court order. The High Court had previously refused to quash a trial court's summons in a defamation case filed against him. The Supreme Court, however, granted Gandhi interim relief by staying the defamation proceedings for three weeks and issuing notices to the State of Uttar Pradesh and the complainant.
Justice Datta questioned the basis of Gandhi's claims, asking, "How do you get to know that 2,000 sq km of Indian territory has been occupied by Chinese? Were you there? Do you have any credible material? Why do you make these statements without having any…?”. The court further remarked, "If you are a true Indian, you would not say all these things". The bench suggested that Gandhi should raise such issues in Parliament rather than on social media platforms.
Senior Advocate A.M. Singhvi, representing Gandhi, argued that his client's remarks were made in the public interest and that dissent to government policies should not be stifled through defamation laws. He contended that a "true Indian would also say our Indian soldiers were beaten up". Singhvi also questioned the High Court's decision, arguing that the complainant was not directly aggrieved by Gandhi's statements.
The case originated from a complaint filed by Uday Shankar Srivastava, a former director of the Border Roads Organisation. Srivastava alleged that Gandhi's remarks were derogatory and defamatory towards the Indian military forces, with the intention to demoralize the army and mislead the public. He pointed out that the army had issued an official statement clarifying that Chinese troops were successfully repelled during the Yangtse faceoff.
The Supreme Court's criticism of Gandhi's remarks has sparked political debate. The BJP has accused Gandhi of demoralizing the armed forces, while the Congress has defended him, stating that the government is responsible for the territorial setback. Union Minister Kiren Rijiju reiterated his stance that China has not taken any land in Arunachal Pradesh. BJP National spokesperson Gaurav Bhatia questioned whether Gandhi was fit for the post of Leader of Opposition, accusing him of assaulting the Constitution. Congress MP Abhishek Manu Singhvi argued that the Supreme Court had formed a prima facie opinion in favor of Gandhi and had issued notice in the defamation case.
