Prayagraj: The Allahabad High Court on Wednesday dismissed Congress leader Rahul Gandhi’s petition seeking quashing of proceedings in a defamation case filed against him for comments made about the Indian Army during the 2022 Bharat Jodo Yatra.
The court was responding to Gandhi’s challenge to summons issued by a Lucknow trial court over remarks made during a press conference in Rajasthan, where he had said, “Chinese troops are thrashing Indian soldiers in Arunachal Pradesh.” The complaint was filed by retired Border Roads Organisation Director Uday Shankar Srivastava.
In its order, the court remarked, “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.”
Gandhi had questioned the media’s silence on border issues with China, saying during the press interaction, “The Indian press doesn’t ask a question... The nation is watching all this. Don’t pretend that people don’t know.”
The complainant alleged Gandhi’s remarks were “derogatory” and accused him of making repeated statements undermining the Army’s image. Srivastava, a retired BRO officer with the rank equivalent to a Colonel, stated he was personally aggrieved.
Gandhi’s plea argued that the complainant had no locus standi as he was not a serving Army officer. The court rejected this, stating under Section 199(1) of the CrPC, a person other than the direct victim may also be considered aggrieved if impacted by the offence. “In this case,” the court noted, “he is a retired Director of the Border Roads Organisation.”
The case in the Lucknow court will now proceed as scheduled.