Supreme Court rapped Rahul Gandhi over his remarks on Indian Army and “Chinese occupation of Indian territory”, and said freedom of expression cannot be used to “say anything”.

The Supreme Court on Monday rapped Congress leader Rahul Gandhi over his “defamatory” remarks concerning the Indian Army and “Chinese occupation of Indian territory” after the Galwan clashes.
A bench of Justice Dipankar Datta and Justice AG Masih expressed their sharp disapproval of the Lok Sabha Leader of Opposition’s remarks made publicly in the past and asked how he came to know that the Chinese occupied 2,000 sq km of Indian land, while also underlining that freedom of expression cannot be used to “say anything”.
The top court was hearing a defamation case against Rahul Gandhi over his remarks about the Indian Army in connection with the 2020 Galwan Valley clash with the Chinese PLA.
What Had Rahul Gandhi Said?
Addressing a press conference on December 16, 2022, Rahul Gandhi had claimed that the Chinese soldiers were “beating up” Indian soldiers in Arunachal Pradesh.
“China is preparing for war and the Centre is hiding and not accepting it. The ones who captured 2,000 sq km of India and killed 20 Indian soldiers, and are thrashing our soldiers in Arunachal Pradesh. I said to my friend that the Indian media would not ask me questions about it,” Rahul Gandhi had said.
Months after the Galwan clashes in June 2020, Rahul Gandhi said in August that year that China had “captured a part of our territory”.
“My blood boiled when I learnt that China had captured a part of our territory. The prime minister spoke a lie that no such thing had happened. He got exposed by a contrary statement from the defence ministry itself. Did he not care at all for the sacrifices made by the Bihar Regiment? 20 of our soldiers belonging to the regiment were killed in the clashes with Chinese troops. The prime minister’s averment was tantamount to an insult to the martyrs,” he had said.
What Did Supreme Court Say About Rahul Gandhi’s Remarks?
- “Whatever you have to say, why don’t you say in the Parliament? Why do you have to say this in the social media posts? Just because you have 19(1)(a) [freedom of speech], you cannot say anything,” Justice Datta said.
- “Were you there? Do you have any credible material? Why do you make these statements without any…If you were a true Indian, you would not say all this. When there is a conflict across the order, is it unusual to have casualties on both sides?” the judge asked, Live Law reported.
- “Tell Dr Singhvi, how do you get to know that 2000 square kilometres of Indian territory were occupied by the Chinese? Were you there? Do you have any credible material?” the court asked Abhishek Manu Singhvi, who represented the Congress leader in the court.
Who Filed The Defamation Case Against Rahul Gandhi?
Former Director of Border Roads Organisation, Uday Shankar Srivastava, had filed a defamation case against Rahul Gandhi, which is currently being heard in a Lucknow court.
The complaint claimed that Rahul Gandhi made alleged insulting remarks on December 16, 2022, during Bharat Jodo Yatra.
The complainant also alleged that the Congress leader’s objectionable remarks were made about clashes between the Indian soldiers and the Chinese soldiers on December 9, 2022, which defamed the Indian Army.
He alleged that Rahul Gandhi had repeatedly said in a derogatory manner that the Chinese military was “thrashing” Indian jawans in Arunachal Pradesh.
BJP Slams Rahul Gandhi After SC Rap
Union Minister Kiren Rijiju slammed Rahul Gandhi after the top court’s strong observations.
“Supreme Court rebukes Shri Rahul Gandhi for irresponsible claim that Chinese occupied Indian Territory ! SC: How do you know 2000 Sqr km of Indian territory were occupied by Chinese ? A true Indian will not say this,” he tweeted.
Supreme Court rebukes Shri Rahul Gandhi for irresponsible claim that Chinese occupied Indian Territory !
SC: How do you know 2000 Sqr km of Indian territory were occupied by Chinese ? A true Indian will not say this. https://t.co/ywa1FRa5ga
— Kiren Rijiju (@KirenRijiju) August 4, 2025

