The Supreme Court on Thursday extended till April 22, 2026, its interim protection granted to Congress leader Rahul Gandhi, staying proceedings in a defamation case linked to his alleged remarks against the Indian Army made during the 2022 Bharat Jodo Yatra.
A bench of Justices M M Sundresh and Satish Chandra Sharma admitted Gandhi’s appeal challenging an order of the Allahabad High Court, which had dismissed his plea against the summoning order issued by a trial court in Lucknow.
The top court had earlier, on August 4, stayed the proceedings in the complaint case until further orders. Continuing that protection, the bench said it would now hear the matter in detail after responses are received.
During the earlier hearing, the bench had posed pointed questions to Gandhi regarding the alleged statement suggesting that 2,000 sq km of Indian territory had been occupied by China.
“How do you get to know that 2,000 sq km of Indian territory has been occupied by Chinese? Were you there? Do you have any credible material?” the bench asked.
“Why do you make these statements without having any material? If you are a true Indian, you won’t say such a thing,” the court had remarked, while seeking responses from the Uttar Pradesh government and the complainant.
Senior advocate Abhishek Manu Singhvi, representing Gandhi, told the court it would be “unfortunate” if the Leader of Opposition is prevented from raising issues of national concern in a democratic set-up.
He also referred to Section 223 of the Bharatiya Nagarik Suraksha Sanhita, arguing that the trial court was required to grant the accused a prior hearing before taking cognizance of the private complaint—something Gandhi claims did not happen.
The complaint was filed by Udai Shanker Srivastava, who alleged that Gandhi made derogatory remarks against the Army in the context of clashes with Chinese troops.
The trial court, after examining the complaint, summoned Gandhi to face trial for defamation.
Advocate Pranshu Agarwal, appearing for Gandhi before the lower court, had argued that the allegations “appeared fabricated” and should have been scrutinized before issuing summons. He also pointed out that Gandhi is not a resident of Lucknow, and therefore the court ought to have verified territorial jurisdiction more diligently.
With the Supreme Court now admitting the matter and extending the stay, the case will return for a comprehensive hearing in April 2026.
