New Delhi, August 4: The Supreme Court on Monday came down heavily on Congress leader and Leader of Opposition Rahul Gandhi for his alleged derogatory remarks about the Indian Army made during the Bharat Jodo Yatra. The apex court remarked that “if you are a true Indian, you wouldn’t say such a thing,” in response to Gandhi’s claim that 2,000 sq km of Indian territory had been occupied by China.

A bench comprising Justices Dipankar Datta and Augustine George Masih questioned Gandhi’s decision to make such serious allegations in public without credible evidence, suggesting that such issues should have been raised in Parliament rather than on social media.

“You are Leader of Opposition. Why don’t you say things in Parliament? Why do you have to say it on social media?” the bench asked. “How do you get to know that 2,000 sq km of Indian territory has been occupied by Chinese? Were you there? Do you have any credible material?”

Despite the strong criticism, the court stayed the ongoing criminal proceedings initiated against Gandhi by a Lucknow court. It also issued notices to the Uttar Pradesh government and the original complainant, seeking their responses within three weeks.

Senior advocate Abhishek Manu Singhvi, representing Gandhi, defended his client’s right to raise issues in the public domain. “If the Leader of Opposition cannot say things published in the press, then he cannot function in his role,” Singhvi argued. In response to the court’s remark on “true Indians,” Singhvi countered, “A true Indian can also say that our 20 soldiers were killed. That too is a matter of concern.”

Justice Datta noted that while casualties may occur during cross-border conflicts, a responsible Leader of Opposition must use appropriate platforms to express concerns. Singhvi acknowledged that the remarks could have been more carefully framed but described the complaint as an attempt to harass Gandhi. He also invoked Section 223 of the Bharatiya Nagarik Suraksha Sanhita, highlighting that the trial court had not granted Gandhi a prior hearing before taking cognisance of the complaint.

Meanwhile, BJP leaders seized the moment to target the Congress. BJP national spokesperson Shehzad Poonawalla alleged that the Congress “hates” the Indian armed forces, referencing Gandhi’s past remarks on the surgical strike and Operation Sindoor.

“Sena ka Apman, Congress ki Pehchaan (Insulting the Army is the identity of the Congress),” Poonawalla posted on social media. “Rahul and Congress hate Indian Armed Forces. Today SC has slammed him.”

Another BJP spokesperson, Pradeep Bhandari, also weighed in, saying the court’s questions exposed Gandhi’s claims. “Supreme Court asks Rahul Gandhi — ‘How did you know that China had occupied land?’” he posted.

The case will next be heard after the court receives responses from the concerned parties.