“True Indians Don’t Say This”: SC Issues Notice In Rahul Gandhi Case, Asks For Proof On China Remark

The Supreme Court on Monday strongly rebuked Congress MP Rahul Gandhi for his repeated claims that India surrendered 2,000 sq km of territory to China following the violent Galwan Valley clash in June 2020. The remarks, made during his Bharat Jodo Yatra, form the basis of a criminal defamation case that is currently pending against him.

A bench comprising Justice Dipankar Datta and Justice A.G. Masih took exception to Mr. Gandhi's comments, especially those criticising the Indian Army and accusing the Modi government of territorial "surrender" to China.

"How did you get to know that 2,000 sq km of Indian land has been taken over by the Chinese? If you are a true Indian... you won't say all of this," Justice Datta asked sharply, referring to Mr. Gandhi's statements. The bench further pressed, "Were you there? Do you have any credible material?"

Senior advocate Abhishek Manu Singhvi, appearing on behalf of Rahul Gandhi, argued that political leaders must be allowed to speak freely. "If he can't say these things, how can he be the Leader of the Opposition?" he said. But Justice Datta responded pointedly, "Then why don't you say such things in Parliament?"

Despite these strong observations, the Supreme Court stayed the criminal proceedings for now and issued a notice on Gandhi's plea to quash the case. Singhvi argued that procedural errors had occurred, such as the police failing to give Mr. Gandhi an opportunity to respond before cognisance was taken.

High Court Had Earlier Rejected Gandhi's Plea

In May, the Allahabad High Court had dismissed Rahul Gandhi's challenge to a February 2025 summons issued by a special court for elected representatives in Lucknow. Justice Subhash Vidyarthi held that freedom of speech does not cover statements that "defame" the Army. The court rejected Gandhi's contention that the special court should have verified the complaint before summoning him.

The original case stems from a complaint filed by Udai Shanker Srivastava, who alleged that Mr. Gandhi made derogatory statements about the Indian Army in December 2022 during his public speeches. The special court in Lucknow subsequently summoned Gandhi to face trial.

Rahul Gandhi has reiterated these views multiple times, including in January 2023 while speaking in Srinagar. "I keep repeating... the approach the government is following, by denying the Chinese have taken our land, is an extremely dangerous approach," he said.

He further added, "I think the way to deal with the Chinese is to deal with them firmly, and to make it clear that they are sitting on our land and it is not something we will tolerate."

The Bharatiya Janata Party has routinely slammed Gandhi for his stance, calling him "perpetually confused" and accusing him of encouraging a narrative of surrender, similar to what they claim occurred under Congress-led governments in the past.

While the top court has paused the lower court proceedings, it made clear that Gandhi's remarks were serious and required scrutiny, especially when they touch upon national security and the integrity of the armed forces.