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‘All parties are treated equally in SC’, CJI says in Rahul Gandhi case

The court had earlier stayed proceedings against Mr. Gandhi in the case based on a complaint filed by a retired Border Roads Organisation (BRO) officer, Uday Shankar Shrivastava, before a Lucknow Magistrate court in August 2023. 

The court had earlier stayed proceedings against Mr. Gandhi in the case based on a complaint filed by a retired Border Roads Organisation (BRO) officer, Uday Shankar Shrivastava, before a Lucknow Magistrate court in August 2023. 
| Photo Credit: Sandeep Saxena

Chief Justice of India Surya Kant on Wednesday (September 9, 2026) assured that “all parties are treated equally” in the Supreme Court after senior advocate and BJP spokesperson Gaurav Bhatia, appearing for a complainant in a defamation case against Congress leader Rahul Gandhi, alleged that the Opposition leader’s matter is being repeatedly adjourned.

The exchange happened during an oral mentioning by Mr. Bhatia to de-tag Mr. Gandhi’s plea against criminal proceedings arising from his alleged remarks concerning the Army and the Chinese attack in the context of the 2020 Galwan clash.

He said the last time the case was listed was in December last year. At the time, the top court had scheduled the next hearing on April 22, 2026. However, the case had not been listed until September 9.

Mr. Bhatia alleged the case was not being listed due to the “person mentioned”, and he should not be treated like a “VVIP”. He said Mr. Gandhi’s side was indulging in “dilatory tactics” to avoid a hearing.

Advocate Prasanna S., for Mr. Gandhi, vehemently objected to the submissions made by Mr. Bhatia, saying that such statements should not be permitted to be made in court.

“All parties are treated equally here,” Chief Justice Kant addressed Mr. Bhatia.

The Bench advised Mr. Bhatia to submit an application for de-tagging of the case.

The court had earlier stayed proceedings against Mr. Gandhi in the case based on a complaint filed by a retired Border Roads Organisation (BRO) officer, Uday Shankar Shrivastava, before a Lucknow Magistrate court in August 2023. The Lucknow court had issued summons to the Congress leader in February 2025.

Mr. Gandhi’s appeal to quash the summons had been declined by the Allahabad High Court in May 2025, compelling Mr. Gandhi to approach the Supreme Court in a special leave petition.

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