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Free Speech Doesn't Extend to Making Remarks Against Indian Army: Allahabad High Court to Rahul Gandhi

  • On May 29, 2025, the Allahabad High Court dismissed Congress leader Rahul Gandhi's challenge to the summons issued in a defamation case filed in Lucknow concerning his remarks about the Indian Army.
  • The case originated from remarks made by Gandhi during his Congress march on December 16, 2022, in which he criticized the Indian Army’s conduct following a December 9 altercation with Chinese forces in Arunachal Pradesh.
  • The complainant, Uday Shankar Srivastava, a retired Border Roads Organisation Director with rank equivalent to Colonel, alleged Gandhi's remarks were false, baseless, and intended to demoralize the Army.
  • Justice Subhash Vidyarthi upheld the trial court's February 2025 order summoning Gandhi to face trial under Section 500 IPC, stating, “Article 19 guarantees freedom of speech, but not to make defamatory statements against the Indian Army.”
  • The ruling affirms that constitutional free speech rights include limitations, and defamatory comments directed at the Indian Army are not protected, thereby permitting the continuation of the legal proceedings.
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A defamation case was filed against Rahul Gandhi after he said that Chinese soldiers were beating up Indian soldiers in Arunachal Pradesh. The comment was made during a press conference in Rajasthan in 2022.

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Bar & Bench broke the news in on Wednesday, June 4, 2025.
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