The complainant seeking an urgent hearing of Rahul Gandhi’s pending appeal in a criminal defamation matter will have to make a formal request for early listing, the Supreme Court said on Wednesday.
Chief Justice of India Surya Kant, sitting with Justice Joymalya Bagchi and Justice V Mohana, declined to depart from the regular procedure when Senior Advocate Gaurav Bhatia raised the issue of the case not being heard despite an earlier listing.
Bhatia, appearing for the complainant, submitted that Gandhi should not receive treatment different from other litigants merely because of his position. According to him, the appeal had remained unheard for about five months after it was previously listed. He also expressed concern over what such a delay could convey about the institution.
The Bench responded that the same procedure applied to everyone. It asked the complainant to submit an early hearing application and said the matter could then be taken up.
Gandhi’s Challenge And Earlier Interim Relief
The appeal before the Supreme Court concerns criminal proceedings arising from Gandhi’s comments about a December 2022 confrontation between Indian and Chinese troops.
Gandhi reached the apex court after failing to obtain relief from the Allahabad High Court against summons issued by a Lucknow court.
He subsequently secured interim protection before the Supreme Court. While staying the proceedings, a Bench of Justice Dipankar Datta and Justice Augustine George Masih had questioned the basis for Gandhi’s statements and asked whether credible material supported them. The Bench had also questioned his decision to make such statements on social media rather than raise the issue in Parliament.
How The Defamation Proceedings Began
The dispute traces back to comments made by Gandhi on December 16, 2022 while criticising the government over Chinese actions along the Line of Actual Control. Referring to the December 9, 2022 clash, he stated that Chinese soldiers were beating Indian Army personnel in Arunachal Pradesh.
Uday Shankar Srivastava, a former Border Roads Organisation director holding a rank equivalent to an Army Colonel, objected to the remarks. Lawyer Vivek Tiwari instituted the complaint on his behalf, alleging that the comments were derogatory and defamatory towards the Indian military forces.
The proceedings eventually led Additional Chief Judicial Magistrate Alok Verma to require Gandhi’s appearance on March 24. Gandhi then sought intervention from the Allahabad High Court.
High Court Found Complainant Entitled To Initiate Case
A central issue before the High Court was whether the complainant could maintain the proceedings despite not being the direct victim of the alleged offence.
The High Court answered that question in his favour while interpreting Section 199(1) of the CrPC. It concluded that the expression “aggrieved person” could extend beyond a direct victim to an individual who had suffered harm or had been adversely affected by the alleged offence.
In reaching that conclusion, the Court took into account the complainant’s stated deep respect for the Army and his claim that Gandhi’s remarks had personally hurt him. It consequently found him competent to lodge the complaint and dismissed Gandhi’s challenge.
That ruling prompted Gandhi to approach the Supreme Court, where his appeal is pending and the criminal proceedings have already been stayed.
