A political storm has erupted after leaders of the opposition INDIA bloc strongly objected to remarks by a Supreme Court judge during a defamation case hearing against senior Congress leader Rahul Gandhi. The judge's comments, questioning Gandhi's "Indianness" over his criticism of the government’s handling of the India-China border issue, have triggered sharp reactions from the opposition.
At a meeting, floor leaders of the INDIA alliance expressed unanimous concern over what they described as an "extraordinary" and "unwarranted" judicial observation that could undermine the democratic rights of political parties.
Congress spokesperson Supriya Shrinate, posting on X, said, “Member parties of the INDIA bloc agreed that the sitting judge has made an extraordinary observation which is unwarranted on the democratic rights of political parties.”
The controversy stems from remarks made by Justice Dipankar Datta during a hearing on a defamation complaint filed against Rahul Gandhi. The complaint relates to Mr Gandhi’s 2022 comments, made during his Bharat Jodo Yatra, alleging Chinese incursions into Indian territory.
Justice Datta, addressing Gandhi’s counsel Abhishek Singhvi, had asked, "How do you get to know when 2,000 square kilometres were acquired by China? What is the credible material? A true Indian will not say this. When there is a conflict across the border, can you say all this?" He also stated that Article 19(1)(a) of the constitutional provision protecting free speech "does not permit anyone to say just anything."
The court, while staying proceedings in the lower court and issuing notice to the complainant, did not mince words during the hearing, prompting widespread criticism from the opposition.
Congress MP Priyanka Gandhi Vadra reacted strongly, challenging the judiciary’s right to pass moral judgment on patriotism. “With all due respect to the judiciary, it is not for them to determine who is a true Indian and who is not. Rahul Gandhi has always respected the army and our soldiers,” she said. “The Leader of Opposition has a duty to question the government. Just because they don’t want to answer him, they resort to such tactics.”
She also criticised the government’s resistance to parliamentary debate, “How difficult is it to run the Parliament? Have they become so weak that they cannot even hold discussions on one issue demanded by the entire opposition?”
The INDIA bloc, in a joint statement, reinforced the duty of opposition leaders to question the government, especially on matters of national interest. “It is the responsibility of political parties, especially the Leader of Opposition, to comment on issues of national interest. When a government fails so spectacularly to defend our borders, it is every citizen's moral duty to hold it accountable,” the statement read.
Congress general secretary Randeep Singh Surjewala said, “The Chinese occupation of Indian territory is a reality that no patriotic Indian should wish away. Nationalism mandates that government must be questioned.” He added defiantly, “If this is contempt, I, an Indian citizen, must commit it, My Lord.”
Rahul Gandhi’s lawyer, senior advocate Abhishek Manu Singhvi, clarified that the court had in fact shown a prima facie inclination in Gandhi’s favour by staying the trial court proceedings. “If you read BJP trolls or Mr Malviya, it sounds like Rahul Gandhi lost today! These people quote and gloat over oral observations,” Singhvi said, reminding that such remarks are often made “to elicit responses from each side.”
Congress MP Karti Chidambaram echoed this sentiment, “I'm not sure how to interpret the observation. Does it prohibit us from bringing attention to national issues? This is something we must seriously consider.”
Veteran Congress leader Ashok Gehlot pointed out that the issue of Chinese incursions is already well documented in the public domain. “Rahul Gandhi undertook a 4,000-kilometre journey across India to highlight real issues. Who could be a greater patriot than someone doing that?” he posted.
He added that Gandhi’s family, his father and grandmother, had shown the “ultimate form of patriotism” by sacrificing their lives for the nation.
Congress’ Jairam Ramesh responded by accusing the Modi government of following a “DDLJ” policy, deny, distract, lie, and justify over the China issue. “Every patriotic Indian has sought answers from the government since the 2020 Galwan incident. What Rahul Gandhi said is not new; it’s the biggest territorial setback since 1962,” he said.
West Bengal Congress leader Adhir Ranjan Chowdhury also weighed in, urging the BJP to introspect before questioning Gandhi’s patriotism.
In Odisha, Congress president Bhakta Charan Das said the judiciary should not have ventured into questioning an individual’s national character.
“Justice Dipankar Datta had no business to question Rahul Gandhi's ‘Indianness’ for criticising the Modi government's failure on Chinese aggression,” he said.
Meanwhile, BJP leaders welcomed the Supreme Court’s remarks. Maharashtra Chief Minister Devendra Fadnavis said the observation was timely. “People in high positions are spreading rumours and speaking against national interest. This must stop,” he stated, accusing Gandhi of damaging the morale of Indian soldiers.
Kerala BJP President Rajeev Chandrasekhar said, “Rahul Gandhi lies through his teeth. He has practised a politics based on lies for years,” he alleged. BJP IT cell chief Amit Malviya called Gandhi “a certified anti-national”, citing the Supreme Court’s comments as evidence.
