The Supreme Court on Monday raps Congress leader Rahul Gandhi for the comments he made about Indo-China border clashes during the Bharat Jodo Yatra in December 2022, and said that “a true Indian will not say all this,” even as it paused the criminal defamation case filed against him.

The top court questioned Gandhi’s choice of words and the setting in which he gave his controversial statement.

The court was hearing Gandhi’s petition challenging the Allahabad High Court’s order dated May 29, which had refused to cancel the summons issued to him by a lower court in a defamation case.

This case was based on Gandhi’s remarks made in December 2022 during the Bharat Jodo Yatra, where he claimed that the Chinese Army had “captured 2,000 sq km of Indian territory,” “killed 20 Indian soldiers,” and “thrashed our jawans in Arunachal Pradesh.”

A bench of Justices Dipankar Datta and Augustine George Masih ordered that the lower court’s proceedings be put on hold for now.

The bench questioned Gandhi's lawyer, senior advocate Abhishek Manu Singhvi, “Why do you have to tell this in the media or on social media. Were you present? How do you know that 2,000 square kilometres is captured?”

Singhvi said that his client, even being a public figure, had the basic right to freedom of speech under Article 19(1)(a) of the Constitution.

“Being a Member of Parliament doesn't deny this right,” said Singhvi, and added that the intention behind the statement was to compel the media to ask uncomfortable but relevant questions regarding national security.

The court was not pleased with this explanation, though.

The bench questioned Singhvi, “You keep repeating Article 19(1)(a), but as a leader of the Opposition, should you be uttering such words during cross-border hostilities?”

The judges stated that such sensitive issues are to be brought to Parliament, not to public platforms or through the media.

“That which you have to say, why don't you say it in Parliament? Why do you need to say this in social media messages?”

The court said it would look into the important legal issues raised by Gandhi, including his claim that the trial court issued the summons without hearing him first, which Singhvi said was not addressed by the high court. The bench showed willingness to examine this claim and also noted Singhvi’s argument that the complainant did not qualify as an “aggrieved” person under the defamation law, which is necessary for the case to be valid.

Senior lawyer Gaurav Bhatia, who represented the complainant, resisted the stay and advocated in favour of the ruling by the lower court. The bench indicated it would hear all objections within three weeks.

The case was filed by Uday Shankar Srivastava, a former director of the Border Roads Organisation, alleging that Gandhi defamed the Indian Army and attempted to bring down the morale of soldiers by making “false and baseless” remarks. The comments were made during a press interaction on December 9, 2022, and were made about the encounter that had occurred in Arunachal Pradesh's Yangtse sector.

Srivastava averred that Gandhi had uttered the remarks “knowingly and mischievously,” with a view to deceiving the people and demoralising the army. He asserted that the Indian Army had issued an official press note following the Yangtse encounter, affirming that the Chinese forces were repulsed. He accused Gandhi of making remarks that were not only incorrect but also detrimental to national cohesion and the morale of the forces.

In its May 29 decision, the Allahabad High Court had rejected Gandhi’s request to cancel the summons issued on February 11, saying that there was enough evidence to proceed against him. The court also rejected Gandhi’s argument that he was performing his official duties when he made the statement, and ruled that there was no need for prior government approval under Section 197 of the CrPC.