The Allahabad High Court on Wednesday stated that the constitutional right to free speech does not extend to making defamatory remarks against the Indian Army, as it heard a defamation case against Congress leader Rahul Gandhi.
The court observed that while Article 19(1)(a) of the Constitution guarantees freedom of speech and expression, this freedom is not absolute and is subject to reasonable restrictions, especially when it involves the armed forces.
The remarks under scrutiny were made by Gandhi during his Bharat Jodo Yatra. Referring to issues of national security, Gandhi had criticised the government and the media for what he described as silence over incidents involving Chinese aggression.
“People will ask about Bharat Jodo Yatra, here and there, Ashok Gehlot and Sachin Pilot and whatnot. But they will not ask a single question about China capturing 2,000 square kilometres of Indian territory, killing 20 Indian soldiers and thrashing our soldiers in Arunachal Pradesh. But the Indian press doesn’t ask a question to them about this. Isn’t it true? The nation is watching all this. Don’t pretend that people don’t know,” Gandhi had said during the yatra.
The court made it clear that freedom of speech cannot be used as a shield for making derogatory comments against the armed forces, and stressed the importance of respecting institutions that are vital to national security.
The case is expected to continue as the court examines the full context of Gandhi’s comments.
Follow us
