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Tezzbuzz Desk – During the hearing of the criminal defamation case to Rahul Gandhi, the Supreme Court on Wednesday made it clear that all people are equal before the court. Demanding an early hearing in the case, a three-member bench headed by Chief Justice of India Surya Kant asked the complainant to file a proper application for this. The court said that it will hear the application filed under the procedure.

During the hearing, senior advocate Gaurav Bhatia, appearing for the complainant, said that Rahul Gandhi is not a VVIP. He told the court that Rahul Gandhi's appeal challenging the magistrate's decision to take cognizance has not been listed for hearing for almost five months. Bhatia said that the matter was listed earlier also, but the hearing could not take place at that time. He also said it was not good for the organization.

On this, CJI Surya Kant said that the court should be allowed to follow the prescribed procedure. He asked the complainant to file an application for hearing soon. The bench made it clear that all people are equal before it and it will consider the matter after receiving the application.

What is the whole matter?

This criminal defamation case against Rahul Gandhi is to a statement given by him in December 2022. Rahul Gandhi had commented about the Indian Army in the context of the clash between the soldiers of China and India. The complainant alleges that Rahul Gandhi's statement was insulting and defamatory towards the Indian Army.

This complaint was filed by lawyer Vivek Tiwari on behalf of Uday Shankar Srivastava. Srivastava is a former officer of the Border Roads Organization and his rank is said to be equivalent to a colonel in the army. The complaint alleged that the remarks made by Rahul Gandhi on December 16, 2022, damaged the reputation of the Army and also hurt the sentiments of the complainant.

How did the matter reach the Supreme Court?

In this case, Additional Chief Judicial Magistrate Alok Verma had directed Rahul Gandhi to appear. Rahul Gandhi challenged this order in Allahabad High Court, but the High Court rejected his petition. The High Court held that the complainant can be considered an aggrieved person under Section 199 of the Code of Criminal Procedure and has the right to lodge a complaint.

After this, Rahul Gandhi approached the Supreme Court against the decision of the High Court. Another bench of the Supreme Court had earlier stayed the proceedings against Rahul Gandhi in this case. The court had also raised questions regarding his statement as to why he commented through social media instead of raising issues in Parliament and whether his statement was based on any reliable information.

Now in the hearing held on Wednesday, the Supreme Court has asked to file an application for early hearing of the case. The court also made it clear that no person is given any special preference before it and the process is the same for everyone.