The Supreme Court on Wednesday (September 9) said that “all are treated equally,” after counsel for the complainant in a defamation case against Congress leader Rahul Gandhi questioned why the matter had not been listed for hearing for a long time.
The top court was hearing Rahul’s plea challenging an Allahabad High Court order issued on May 29 last year. The High Court had dismissed his challenge to the trial court’s summoning order over his alleged derogatory remarks against the Indian Army during his 2022 Bharat Jodo Yatra.
On August 4 last year, the Supreme Court had stayed further proceedings in the complaint case pending before a Lucknow court. On December 4, it admitted Rahul’s appeal and said it would hear the matter in detail. The case was listed for April 22.
Counsel seeks early hearing
On Wednesday, applications seeking early hearing in two separate pending petitions related to another defamation case came before a bench of Chief Justice Surya Kant and Justices Joymalya Bagchi and V Mohana. Both petitions had earlier been tagged with Rahul’s plea.
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Senior advocate Gaurav Bhatia, appearing for the complainant, sought a hearing and asked that the two petitions be de-tagged from Rahul’s plea. The bench asked him to file an appropriate application.
“The last order says that list it on April 22. Just because a person is involved, the matter is not being listed. I am only saying that the matter be heard and de-tagged,” he said.
‘He is not a VVIP’
Bhatia said the matter had not been listed despite a judicial order directing that it be taken up, adding that the situation did not augur well for the institution.
“He is not a VVIP that the matter will not be listed. He is enjoying the stay,” he said.
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The bench asked Bhatia to file an application seeking an early hearing.
“You follow the procedure and file an application seeking early hearing. All are treated equally. You file your separate application”.
Rahul’s plea before Supreme Court
The Supreme Court had earlier issued notice to the Uttar Pradesh government and complainant Udai Shankar Srivastava seeking their responses to Rahul’s plea.
Srivastava had alleged that Rahul made derogatory remarks against the Indian Army in the context of clashes with Chinese soldiers during his December 2022 yatra.
The trial court summoned Rahul as an accused for alleged defamation. His counsel denied the allegations before the High Court and argued that the trial court had not examined the entire facts and material needed to determine whether a defamation case had been made out.
(With agency inputs)