THE SUPREME COURT, TODAY, pulled up Congress leader Rahul Gandhi for his controversial remarks suggesting that China had occupied 2,000 square kilometres of Indian territory following a 2022 border clash in the Yangtse region of Arunachal Pradesh, with the bench questioning the credibility of such claims. The Court’s remarks appeared to reflect concern that such statements, made without substantiation, could erode public confidence in the armed forces’ role in safeguarding the country’s borders.A bench of Justices Dipankar Datta and Augustine George Masih stayed the proceedings before a Lucknow trial court in the defamation case filed against Gandhi and issued notice to the complainant, former Border Roads Organisation (‘BRO’) Director Uday Shankar Srivastava.“How do you get to know that 2,000 square kilometres of Indian territory was occupied by China? What is the credible material?” Justice Datta asked, disapproving of the remarks made by Gandhi during the 2022 Bharat Jodo Yatra, “If you are a true Indian, you would not say this. When there is a conflict across the border, can you say all this?”. The bench also questioned the medium used by the Congress MP to make the statement. “Whatever you have to say, why don’t you say it in Parliament? Why do you have to say this on social media posts?” Justice Datta asked senior advocate Abhishek Manu Singhvi, who appeared for Gandhi..“Whatever you have to say, why don’t you say it in Parliament? Why do you have to say this on social media posts?”, asked Justice Datta..A “contentious” speechThe remarks in question were made by Gandhi on December 16, 2022, in the wake of a face-off between Indian and Chinese troops in the Yangtse region of Arunachal Pradesh.Addressing a press conference during the Bharat Jodo Yatra, Gandhi had stated: “People will ask about Bharat Jodo Yatra, here and there, Ashok Gehlot and Sachin Pilot, and what not. But they will not ask a single question about China capturing 2,000 square kilometres of Indian territory, killing 20 Indian soldiers and thrashing our soldiers in Arunachal Pradesh. But the Indian press doesn't ask them about this. Isn't it true? The nation is watching all this. Don't pretend that people don't know.”.How the State uses ‘national security’ to spellbind the process of justice.In his defamation complaint, Srivastava alleged that the statement was not only false and baseless but made with the deliberate intent of defaming the Indian Army and demoralising the armed forces. He claimed that the comments were an affront to the bravery and sacrifice of Indian soldiers who had, according to him, successfully repelled the Chinese intrusion during the December 9, 2022, skirmish.The Allahabad High Court had on May 29 dismissed Gandhi’s plea seeking to quash the defamation case and the summons issued by a special MP/MLA court in Lucknow. The trial court had initially summoned Gandhi in February 2025.The Supreme Court’s interim stay on the trial proceedings provides temporary relief to Gandhi, even as the bench made it clear that statements relating to national security must be backed by credible evidence and made with a sense of responsibility.
