Free Speech Is Not To Defame Army: High Court Criticises Rahul Gandhi

Congress leader Rahul Gandhi faced criticism from the Allahabad High Court regarding his comments about Indian soldiers during the Bharat Jodo Yatra. The court addressed these remarks while dismissing Gandhi's plea against a summons issued by a Lucknow court. The summons related to alleged defamatory statements made against the Indian Army in 2022.

The defamation case stemmed from Gandhi's assertion that Chinese troops were "thrashing Indian soldiers in Arunachal Pradesh." This statement was made during a press conference in Rajasthan. A former Border Roads Organisation (BRO) Director, Uday Shankar Srivastava, filed the complaint, alleging derogatory remarks about the Indian Army.

Freedom of Speech and Defamation

The High Court highlighted that Article 19(1)(a) of the Constitution provides freedom of speech and expression. However, this freedom is subject to reasonable restrictions and does not permit defamatory statements against the Indian Army. The court emphasized that such remarks are not protected under this constitutional provision.

In his plea, Rahul Gandhi argued that Srivastava was not an officer of the Indian Army and thus not an aggrieved person. The court dismissed this argument, stating that under Section 199(1) of the Code of Criminal Procedure (CRPC), individuals other than direct victims can be considered "aggrieved persons" if affected by an offence.

Legal Proceedings and Court's Stance

A trial court in Uttar Pradesh had issued a summons to Gandhi following the defamation complaint. Seeking to quash these proceedings, he approached the Allahabad High Court. However, the High Court rejected his plea, maintaining that Srivastava was indeed an aggrieved party due to his position as a retired BRO Director.

Gandhi's controversial remarks included questions about China's actions on Indian territory and alleged media silence on these issues. He stated: "People will ask about Bharat Jodo Yatra... But they will not ask a single question about China capturing 2000 square kilometers... Isn't it true? The nation is watching all this."