The Supreme Court has said in a case of criminal defamation against Rahul Gandhi that everyone is equal in the eyes of the court. If Rahul Gandhi wants a speedy hearing then he will have to follow the prescribed procedure and come to the court. There were allegations that the Court Registry was treating Rahul Gandhi like a VVIP. The Supreme Court has said that everyone is equal in the eyes of the court.
The bench of Chief Justice of India Surya Kant, Justice Joymalya Bagchi and Justice V Mohana has made this comment. Senior Supreme Court advocate Gaurav Bhatia had told the court that despite being directed to hear it first, Rahul Gandhi's appeal has not been listed yet. Gaurav Bhatia appeared for former Border Roads Organization (BRO) director Uday Shankar Srivastava.
Why have such allegations been made?
Gaurav Bhatia has said in the court that Rahul Gandhi is not a VVIP and this case was listed five months ago but it could not be heard. This is not good for the institute also. His reference was to an order of December 2025. The order said that the case should be listed on April 22.
The Supreme Court bench asked Gaurav Bhatia's bench to file an application for early hearing as per the prescribed procedure. The bench said that in its view everyone is equal and the matter will be considered after filing the application.
Why has the matter reached the Supreme Court?
Rahul Gandhi had challenged in the Supreme Court the order of Allahabad High Court, in which the court had refused to quash the criminal defamation case. This matter is to Gandhi's remarks regarding the clash between Indian and Chinese soldiers in Arunachal Pradesh during the Bharat Jodo Yatra in December 2022.
The bench of Justice Dipankar Dutta and Justice Augustine George Masih had stayed further proceedings in this case on August 4, 2025. That bench had asked Rahul Gandhi what was the basis of his claim that Chinese troops occupied 2,000 square kilometer area of India. It was also said that such issues to the border dispute should be raised in Parliament.
While presenting his stand, Rahul Gandhi had said that he was exercising his right to freedom of expression. He wants to draw public attention towards those issues which in his view are not being raised adequately.
What allegations have been made by the complainant?
Complainant Uday Shankar Srivastava had appealed in a Lucknow court that Rahul Gandhi's remarks defamed the Indian Army. He has been a director in the Border Roads Organisation, which he said was equivalent to the rank of colonel in the army. A Lucknow court had issued summons to Rahul Gandhi.
In May 2025, the Allahabad High Court had refused to interfere in this and said that Uday Shankar Srivastava can continue this complaint as an 'aggrieved person' under Section 199 of CrPC. Rahul Gandhi then approached the Supreme Court. In December, the case was directed to be listed for final hearing on April 22, 2026, along with a separate defamation case to The Wire, but it could not be heard.
What is Gaurav Bhatia's argument?
Gaurav Bhatia has also argued that his case has been wrongly linked with The Wire's petitions. The court should order their case separated. He said that the registry cannot list the case just because in their view Rahul Gandhi is a VVIP and he has already got a stay. On this, the bench asked Gaurav Bhatia to use the prescribed mechanism for early hearing and separation of the case.
What has been said from Rahul Gandhi's side?
In his petition filed in the Supreme Court, Rahul Gandhi has claimed that more than 20 cases to speech are already pending against him. The petition states that these proceedings are an abuse of law aimed at suppressing their voice against the government's policies. The petition also cites Section 223(1) of the Indian Civil Security Code (BNSS) 2023, under which the magistrate is required to hear the accused before taking cognizance of an offence.
This matter is to which statement of Rahul Gandhi?
Uday Shankar Srivastava has said in his petition that Rahul Gandhi's statement of 2022 was false and baseless and was given with the wrong intention of demoralizing the Indian Army. He said that contrary to Gandhi's claim, in the clash that took place in the Yangtse area of Arunachal Pradesh on 9 December 2022, the Indian Army had stopped Chinese soldiers from entering its area and drove them away. He also cited the Army's official statement in this regard. The complainant says that Rahul Gandhi has deliberately given this statement with the intention of harming the unity and integrity of the Indian Army.
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