New Delhi, August 4, 2025 — The Supreme Court on Monday stayed the criminal proceedings initiated by a Lucknow court against Leader of Opposition Rahul Gandhi over his alleged derogatory comments about the Indian Army during the 2022 Bharat Jodo Yatra. The top court also issued a notice seeking a response from the complainant within three weeks.
The matter arose from a complaint filed by Udai Shanker Srivastava, who accused Gandhi of making objectionable statements regarding Indian soldiers during the border clash with China. The lower court had summoned Gandhi as an accused, prompting his legal team to challenge the summoning order and the motive behind the complaint.
Senior advocate Abhishek Manu Singhvi, representing Gandhi, told the Bench that the complaint was politically motivated and aimed at harassment. He argued that Gandhi, as the Leader of Opposition, had merely voiced concerns already in the public domain and cited media reports on the incident. “If he can’t say these things which are published in the press, then he can’t be a leader of opposition,” Singhvi said.
The Bench, however, questioned the basis of Gandhi’s remarks, saying, “Why do you make these statements without having any material? If you are a true Indian, you won’t say such a thing.” Singhvi countered that a true Indian could still question the deaths of 20 Indian soldiers, calling it a legitimate concern.
Justice Dipankar Datta observed that Gandhi should have used a proper forum to raise such issues and expressed that a responsible leader must exercise restraint. Singhvi acknowledged the point but asserted that the complaint lacked merit, especially since there was no prior hearing as mandated under Section 223 of the Bharatiya Nagarik Suraksha Sanhita before cognisance was taken.
The court also noted that Gandhi was not a resident of Lucknow, and this fact should have prompted the lower court to verify the complaint’s credibility before issuing a summons.
The Allahabad High Court had earlier dismissed Gandhi’s plea on May 29, but the Supreme Court’s stay provides temporary relief as the case continues.
