Allahabad HC denies relief to Rahul Gandhi: 'No freedom to make defamatory remarks on Indian Army'

Congress MP Rahul Gandhi had made certain remarks during the border standoff between India and China. (File/PTI)

Observing that freedom of speech and expression does not entail the freedom to make statements defamatory to the Indian Army, the Allahabad High Court has denied relief to Congress MP and Leader of Opposition in Lok Sabha Rahul Gandhi in a defamation case over his alleged remarks.

A bench of Justice Subhash Vidyarthi rejected Gandhi's plea over a plea challenging the summons issued to him by an MP MLA court in Lucknow in February this year.

"No doubt, Article 19(1)(a) of the Constitution of India guarantees freedom of speech and expression, this freedom is subject to the reasonable restrictions and it does not include the freedom to make statements which are defamatory to any person or defamatory to the Indian Army,” the court observed, according to Live Law.

The defamation filed by Border Roads Organisation director Uday Shankar Shrivastava pertains to the alleged remarks made by Rahul Gandhi on December 16, 2022, during the Bharat Jodo Yatra.

The complaint said that that Gandhi had made objectionable comments pertaining to a clash between the Indian and Chinese armies on December 9, 2022, and thus defamed the Indian Army.

The complainant alleged that Gandhi repetitively stated in a very derogatory manner that the Chinese army is 'thrashing' our soldiers in Arunachal Pradesh, and that the Indian Press will not ask any question in this regard.

Gandhi had moved the High Court contending that the complainant was not an officer of the Indian Army and that he had not given any statement defaming the complainant.

The court, however, rejected Gandhi's contention that under Section 199(1) Cr.P.C., a person other than the direct victim of an offence can also be considered an "aggrieved person" if they are impacted by the offence.

The bench noted that in this case, a retired Director of the Border Roads Organisation, which is equivalent in rank to a Colonel, had filed a complaint over allegedly derogatory comments aimed at the Indian Army, who claimed to have deep respect for the Army and was hurt over the alleged remark.

Notably, the Supreme Court had on an earlier occasion reprimanded Gandhi in a similar matter. While the top court had stayed proceedings against Gandhi, it cautioned him from making any further irresponsible remarks in the future.