Allahabad High Court Dismisses Rahul Gandhi’s Plea in Defamation Case Over Indian Army Remarks
Lucknow, May 30, 2025: The Allahabad High Court on Thursday dismissed a petition filed by Congress leader and Leader of Opposition in the Lok Sabha, Rahul Gandhi, challenging a lower court’s summons in a defamation case linked to alleged derogatory remarks about the Indian Army during his Bharat Jodo Yatra. The Lucknow bench, presided over by Justice Subhash Vidyarthi, declined to intervene, stating that Gandhi has the option to seek relief through a revision petition in the sessions court. The detailed order is expected to be released by Monday.
The defamation case stems from a complaint filed by advocate Anupam Kumar Dwivedi in February 2023 at the Court of Additional Chief Judicial Magistrate (ACJM) in Lucknow. The complainant alleged that during a press conference in Amethi on November 6, 2022, as part of the Bharat Jodo Yatra, Gandhi made statements that insulted the Indian Army. Specifically, the complaint claims Gandhi said, “The Indian Army does not fight wars; it is only used for publicity by the government,” which was deemed offensive and damaging to the armed forces’ reputation. The complainant further alleged that these remarks were widely circulated through pamphlets and media, spreading hatred and undermining national pride.
The ACJM court, after reviewing the complaint and witness statements, issued a summons to Gandhi in December 2024, finding a prima facie case under sections 499 and 500 of the Indian Penal Code (IPC), which deal with defamation. Gandhi’s legal team, led by advocates Pranshu Agrawal and Mohammed Samar Ansari, argued that the complaint lacked merit and did not meet the legal requirements for prosecution under sections 153A (promoting enmity) and 505 (public mischief) of the IPC. They also contended that the lower court failed to adhere to procedural norms, including the need for government sanction under Section 196 of the Code of Criminal Procedure for certain offences.
Opposing the plea, state lawyers, including Additional Advocate General V.K. Shahi, Additional Government Advocate V.K. Singh, and Anurag Verma, argued that the petition was not maintainable in the high court as Gandhi had an alternative legal remedy available through the sessions court under Section 397 of the CrPC (Section 438 of the Bharatiya Nagarik Suraksha Sanhita). They further submitted that the complaint and witness statements established a prima facie case of defamation against Gandhi.
The high court, in its ruling, refrained from delving into the merits of the case and emphasized the procedural recourse available to Gandhi. Justice Vidyarthi noted that the Congress leader could challenge the summoning order before the sessions court, rendering the high court petition premature. The case will now proceed in the ACJM court, with the next hearing scheduled for June 2025.
This is not the first defamation case Gandhi has faced. In April 2025, the same bench of the Allahabad High Court rejected his plea in a separate defamation case over remarks about Vinayak Damodar Savarkar, where he was accused of calling Savarkar a “British servant” who received a pension. That case, too, continues in the lower court after the high court directed Gandhi to seek relief through a revision petition.
Gandhi’s legal battles have drawn significant attention, with critics alleging that his statements during public engagements, including the Bharat Jodo Yatra, have been provocative. Supporters, however, argue that such cases are politically motivated to curb his outspoken criticism of the government. The Congress party has not yet issued an official statement on the high court’s latest ruling.
As the defamation case moves forward, it underscores the ongoing tension between free speech and legal accountability for public figures in India’s polarized political landscape.
