Allahabad High Court Rebukes Rahul Gandhi Over Alleged Insult to Indian Army

Court's Stance on Freedom of Speech

The Allahabad High Court has reprimanded Congress leader Rahul Gandhi regarding his alleged derogatory remarks about the Indian Army. The single-judge bench stated that while Article 19(1)(A) of the Constitution guarantees freedom of speech and expression, it is still subject to reasonable restrictions. The court emphasized that this article does not protect statements deemed 'offensive to the Indian Army.' This ruling was made by Justice Subhash Vidyarthi.

Rejection of Rahul Gandhi's Petition

The High Court made this observation while dismissing a petition filed by Rahul Gandhi against a summons issued by a Lucknow court concerning his alleged insulting comments during the Bharat Jodo Yatra in 2022.

Court Orders Appearance

Rahul Gandhi submitted an application to the court after failing to appear in Lucknow, which requested a warrant for his presence. The court has now granted him a fifth opportunity to appear as an accused on June 23, 2025, with the next hearing scheduled for that date.

Defamation Case Against Rahul Gandhi

Additional Chief Judicial Magistrate Alok Verma had previously instructed Gandhi to appear for a hearing on March 24 regarding a defamation case filed against him. Challenging this directive, Rahul approached the High Court.

Details of the Complaint

The complaint was lodged by lawyer Vivek Tiwari on behalf of Uday Shankar Srivastava, a former director of the Border Roads Organization, whose rank is equivalent to that of a Colonel in the army.

Court's Rationale

In dismissing Rahul Gandhi's petition against the magistrate's order, the High Court noted that under Section 199(1) of the CrPC, a person who is not a direct victim of a crime can still be considered a 'victim' if the offense has caused them harm or adversely affected them.

No Relief in Army Statement Case

The court found that the complainant, a retired director of the Border Roads Organization, had filed a complaint regarding Gandhi's alleged insulting remarks about the Indian Army. The court acknowledged that the complainant expressed deep respect for the army and felt personally hurt by the comments, thus qualifying him as a victim under Section 199 of the CrPC.

Conclusion of the Court's Decision

In light of this, the court remarked that at this preliminary stage, it is unnecessary to assess the validity of the summons order, as evaluating the merits of competing claims is the responsibility of the trial court. Consequently, the court dismissed the petition.