Allahabad High Court Denies Relief to Rahul Gandhi in Defamation Case Over Remarks on Indian Army
On June 4, 2025, the Allahabad High Court dismissed Congress leader Rahul Gandhi’s plea seeking to quash a defamation case filed against him for alleged derogatory remarks about the Indian Army during his Bharat Jodo Yatra in December 2022.
Background
The complaint was lodged by Uday Shankar Srivastava, a retired Director of the Border Roads Organisation (BRO), who holds a rank equivalent to that of a Colonel in the Indian Army. Srivastava alleged that Gandhi’s statements, made during a media interaction on December 16, 2022, concerning the December 9, 2022, clash between Indian and Chinese troops, were derogatory and defamed the Indian Army.
Court’s Observations
Justice Subhash Vidyarthi, presiding over the case, emphasized that while Article 19(1)(a) of the Indian Constitution guarantees freedom of speech and expression, this right is subject to reasonable restrictions. The court stated: “Freedom of speech and expression does not include the freedom to make statements which are defamatory to any person or defamatory to the Indian Army.”
The court further noted that under Section 199(1) of the Criminal Procedure Code (CrPC), individuals other than the direct victim can be considered “aggrieved persons” if they are impacted by the offence. In this context, Srivastava, as a retired BRO Director, was deemed an aggrieved person entitled to file the complaint.
Legal Proceedings
Gandhi’s counsel argued that the complaint was filed with malicious intent and that the local court should have assessed the credibility of the allegations before issuing the summons. However, the High Court rejected this contention, affirming that a prima facie offence was evident from the complaint and witness statements.
Significance
This ruling underscores the judiciary’s stance on balancing free expression with the need to protect the honor and integrity of national institutions like the Indian Army. It highlights that freedom of speech does not extend to making defamatory statements against the armed forces.