New Delhi, Sep 9 All are treated equally, the Supreme Court on Wednesday said after the counsel appearing for the complainant in a defamation case filed against Congress leader Rahul Gandhi claimed that the matter was not listed for hearing in the apex court since long.
The top court is hearing Gandhi's petition challenging a May 29 last year order of the Allahabad High Court.
The high court had dismissed his plea challenging the trial court's summoning order in the case related to his alleged derogatory remarks against the Indian Army during his 2022 Bharat Jodo Yatra.
On August 4 last year, the apex court had stayed further proceedings in the complaint case pending before a Lucknow court till the next date of hearing.
On December 4, the top court had admitted the appeal filed by Gandhi, and said it would hear the matter in detail. It had listed the matter for April 22.
On Wednesday, applications seeking early hearing in two separate pending petitions related to another defamation case were listed for hearing before a bench of Chief Justice Surya Kant and Justices Joymalya Bagchi and V Mohana.
Both these petitions were earlier tagged with Gandhi's plea.
Senior advocate Gaurav Bhatia, appearing for the complainant who has filed the complaint against Gandhi, said the matter be heard and it be de-tagged with the two separate pleas.
The bench asked Bhatia to file an appropriate application in this regard.
Bhatia urged the bench that a specific date be given for hearing Gandhi's plea.
"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.
Bhatia said the matter was not listed despite the judicial order to list it and the situation does not augur well for the institution as well.
"He is not a VVIP that the matter will not be listed. He is enjoying the stay," he said.
The bench observed, "You follow the procedure and file an application seeking early hearing. All are treated equally. You file your separate application".
The top court had earlier issued notice to the Uttar Pradesh government and complainant Udai Shankar Srivastava seeking their responses on Gandhi's plea.
Before the trial court, the complainant had claimed that Gandhi made several alleged derogatory remarks against the Indian Army in context of the clashes with Chinese soldiers during his December 2022 yatra.
The trial court summoned Gandhi as an accused for facing trial for the alleged offence of defamation.
Gandhi's counsel had denied the allegations and argued before the high court that the trial court had not examined the entire facts and material to examine whether a case for trial for the offence of defamation was made out.
