The Supreme Court on Wednesday heard the defamation case involving Rahul Gandhi. The bench said every person stands equal before the court. Chief Justice of India Surya Kant, Justice Joymalya Bagchi and Justice V Mohana heard the matter. The court asked the complainant to follow the process for an early hearing.
Court Asks Complainant To Seek Early Hearing
Senior advocate Gaurav Bhatia represented the complainant during the hearing. He said Rahul Gandhi was not a VVIP and requested attention towards the pending appeal.
Bhatia said Rahul Gandhi’s appeal against the magistrate’s order remained unlisted for five months. He added that the delay did not benefit the institution.
However, CJI Surya Kant asked the complainant to file an application for an early hearing. He said the court would consider the request after following procedure.
The CJI stated that everyone remains equal before the Supreme Court. He repeated that the legal process must continue.
What Is The Defamation Case Against Rahul Gandhi?
The case relates to Rahul Gandhi’s statement about Chinese soldiers and Indian Army personnel in Arunachal Pradesh.
He made the comment while criticising the government over China’s activities near the Line of Actual Control.Earlier, a Supreme Court bench of Justice Dipankar Datta and Justice Augustine George Masih stayed proceedings against Rahul Gandhi. The bench also questioned why he raised such issues on social media instead of Parliament. It asked whether his statement came from reliable information.
Rahul Gandhi approached the Supreme Court after the Allahabad High Court upheld the summons issued by the Lucknow court.
Who Filed The Defamation Complaint?
Advocate Vivek Tiwari filed the complaint on behalf of Uday Shankar Srivastava. Srivastava served as a former Border Roads Organisation director.
The complaint claimed Rahul Gandhi’s December 16, 2022 statement damaged the reputation of the Indian Army. According to the complaint, Rahul commented after the December 9, 2022 clash between Indian and Chinese forces. Earlier, Additional Chief Judicial Magistrate Alok Verma directed Rahul Gandhi to appear on March 24.
Rahul challenged that order before the Allahabad High Court. However, the court rejected his petition.
High Court Considered Complainant Eligible
The High Court said a person directly affected by an offence can qualify as a victim under Section 199(1) of CrPC. The court noted that the complainant expressed strong respect for the Army. It also accepted that the remarks caused personal hurt. Therefore, the High Court considered him eligible to file the complaint under Section 199 of CrPC.
After this decision, Rahul Gandhi approached the Supreme Court. During Wednesday’s hearing, the court advised seeking an early hearing through proper application.
