NEW DELHI: The Supreme Court on Wednesday said “all are treated equally” after the complainant’s counsel in a defamation case against Leader of Opposition and Congress leader Rahul Gandhi said the matter had not been listed for hearing for a long time.The top court is hearing Rahul’s petition challenging a May 29 order passed last year by the Allahabad High Court.Senior advocate Gaurav Bhatia, appearing for the complainant in the case against Rahul, urged the bench to hear the matter and de-tag it from the two other pleas.The bench asked Bhatia to file an appropriate application seeking the same.Bhatia also requested the bench to fix a specific date for hearing Rahul’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, as cited by PTI.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.“You follow the procedure and file an application seeking early hearing. All are treated equally. You file your separate application,” the bench observed.The High Court had dismissed Rahul’s plea challenging the trial court’s summoning order in the case 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 until the next date of hearing.On December 4, the apex court had admitted Rahul’s appeal and said it would hear the matter in detail. It had subsequently listed the case for hearing on April 22.The Supreme Court had earlier issued notices to the Uttar Pradesh government and complainant Udai Shankar Srivastava, seeking their responses to Rahul’s plea.
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Before the trial court, the complainant had alleged that Rahul made several derogatory remarks against the Indian Army in connection with the clashes between Indian and Chinese troops during his December 2022 yatra.The trial court subsequently summoned Rahul as an accused to face trial on the alleged charge of defamation.Rahul’s counsel had denied the allegations and argued before the High Court that the trial court had failed to consider the complete facts and material before determining whether a defamation case was made out against him.