HC raps Rahul Gandhi over defamatory remarks against Army: 'Free speech doesn't mean defaming Army'
PTC News Desk: Allahabad High Court came down heavily on Congress leader Rahul Gandhi over his remarks against Indian soldiers during Bharat Jodo Yatra. The High Court's observation following Rahul Gandhi's plea against the summons issued by Lucknow court over his remarks against Indian Army during the 2022 Bharat Jodo Yatra.
“No doubt, Article 19(1)(a) of the Constitution guarantees freedom of speech and expression, but this freedom is subject to reasonable restrictions and does not include the freedom to make statements which are defamatory to the Indian Army,” the court observed.
A defamation case was filed against Gandhi for saying Chinese troops are "thrashing Indian soldiers in Arunachal Pradesh."
“People will ask about Bharat Jodo Yatra, here and there, Ashok Gahlot and Sachin Pilot and whatnot. But they will not ask a single question about China capturing 2000 square kilometers of Indian territory, killing 20 Indian soldiers and thrashing our soldiers in Arunachal Pradesh. But the Indian press doesn’t ask a question to them about this. Isn’t it true? The nation is watching all this. Don’t pretend that people don’t know,” Rahul Gandhi had said.
The defamation case was filed by Uday Shankar Srivastava, a former Director of the Border Roads Organisation (BRO). He accused Rahul Gandhi of repeatedly making disparaging remarks, claiming that the Chinese army was "thrashing" Indian soldiers in Arunachal Pradesh, while also alleging that the Indian media failed to question it.
In his defense, Gandhi argued that Srivastava was not a member of the Indian Army and thus could not be considered an aggrieved party. However, the court dismissed this argument, stating that under Section 199(1) of the Criminal Procedure Code (CrPC), someone who is not the direct victim can still be regarded as an "aggrieved person" if they are affected by the alleged offence.
- PTC NEWS
