A Lucknow Court has granted bail to Congress leader Rahul Gandhi in a defamation and sedition case filed against him. The case, initiated by advocate Nripendra Pandey, pertains to alleged remarks made by Mr. Gandhi in 2018 concerning the Indian Army and the government’s policies. The court ordered his release upon the furnishing of personal and surety bonds.
A Lucknow Court on Tuesday granted bail to senior Congress leader and Member of Parliament, Mr. Rahul Gandhi. The order was passed in connection with a criminal complaint alleging defamation and sedition over comments he reportedly made during a speech in Bengaluru in 2018.
Mr. Gandhi appeared before the court in compliance with a summons issued against him earlier this year. After hearing arguments from both the prosecution and the defence, the court allowed the bail application.
Background of the Case
The complaint was filed by Lucknow-based advocate Nripendra Pandey. In his petition, Mr. Pandey alleged that on May 8, 2018, during a public address in Bengaluru, Karnataka, Mr. Gandhi made statements that were derogatory towards the Indian Army. The complainant contended that Mr. Gandhi’s remarks accused the Union Government of using the army for political purposes and were intended to lower the esteem of the armed forces in the eyes of the public.
The complainant alleged that these statements constituted offences punishable under Sections 124-A (Sedition) and 505 (Statements conducing to public mischief) of the Indian Penal Code, 1860.
The court took cognizance of the complaint in December 2023 and, after finding a prima facie case for proceeding, issued a summons directing Mr. Gandhi to appear before it.
Arguments of the Parties
Counsel for the Complainant:
The advocate for the complainant argued that the alleged statements made by Mr. Gandhi were not only defamatory to the Indian Army but also had the tendency to incite disaffection against the lawfully established government. It was submitted that the remarks were made with a malicious intent to create a divide and spread misinformation. The counsel pressed for the rejection of the bail application, citing the serious nature of the allegations which, according to the complaint, impact national security and the morale of the armed forces.
Counsel for the Accused (Rahul Gandhi):
Representing Mr. Gandhi, the defence counsel argued that their client is a respected citizen, a four-time Member of Parliament, and has deep roots in society. It was contended that there was no risk of him absconding or tampering with evidence. The counsel submitted that the remarks in question were a form of political speech critical of the government’s policies and did not, in any manner, constitute the offences of either sedition or defamation against the army. The defence asserted that the ingredients for the alleged offences were not met and that the complaint was politically motivated. Citing established legal principles, the counsel argued that “bail is the rule and jail is an exception” and urged the court to grant relief.
Court’s Analysis and Decision
After considering the submissions from both sides and examining the material on record, the Special Court proceeded to decide the bail application. The court’s primary consideration in a bail hearing is to ensure the presence of the accused during the trial and to prevent any obstruction of justice.
The court observed that the accused, Mr. Gandhi, had appeared before it in response to the summons, indicating his willingness to cooperate with the legal process. It noted that the investigation stage was complete and the matter was at a pre-trial stage.
In its order, the court granted bail to Mr. Rahul Gandhi, subject to the furnishing of a personal bond. He was also directed to cooperate with the proceedings of the trial and not to indulge in any activity that could tamper with evidence or influence witnesses.
The case will now proceed to the next stage of the trial.
