No FIR for Rahul Gandhi: Allahabad HC Rejects Plea Over Sikh Community Remarks
The Allahabad High Court has rejected a petition seeking an FIR against Rahul Gandhi over his remarks on the Sikh community made in the US.
The Allahabad High Court has dismissed a petition that sought the registration of a First Information Report (FIR) against the Leader of Opposition in the Lok Sabha, Rahul Gandhi. The plea was filed in response to alleged controversial remarks made by the Congress leader regarding the Sikh community during a visit to the United States.
The Legal Battle
The petition was brought forward by Nageshwar Mishra, a resident of Varanasi, and others under Section 528 of the Bharatiya Nagarik Suraksha Sanhita (BNSS). The matter reached the High Court after a Varanasi court had previously dismissed their application to register the FIR.
A single-judge bench, presided over by Justice Vikram D Chauhan, delivered the verdict after having reserved the judgment on October 16. During the proceedings, Advocate Satyendra Kumar Tripathi represented the petitioners, while Additional Advocate General Manish Goyal appeared for the state government.
A Long Road of Dismissals
The legal journey of this complaint saw multiple hurdles before reaching the High Court:
- Initial Rejection: The petitioners first approached the Sarnath police station, but no action was taken.
- Jurisdictional Issue: On November 28, 2024, the Additional Chief Judicial Magistrate (ACJM-II) dismissed the case, noting that since the alleged remarks were made in the United States, they fell outside the court's territorial jurisdiction.
- Further Setbacks: After a series of revision petitions and hearings, ACJM Neeraj Tripathi also dismissed the matter, citing that the petitioners had failed to specify the exact date and time of the alleged incident.
Rahul Gandhi's Defense
In a written reply submitted to the MP/MLA court on August 25, Rahul Gandhi strongly contested the allegations. He described the revision petition as "politically motivated" and argued that there were no legal grounds to initiate criminal proceedings against him.
Positioning himself as a "true patriot," Gandhi asserted that he holds deep respect for all religions and communities, including the Sikhs. He maintained that his comments were not intended to offend, but rather to highlight the interests and contributions of the Sikh community.
The Controversial Remarks
The dispute centered on statements made by Rahul Gandhi during his 2024 visit to the United States. On September 10, 2024, he expressed concern regarding whether Sikhs in India would be permitted to wear their turbans and 'kadas' or be allowed to visit Gurudwaras.
Gandhi argued that these concerns were not unique to the Sikh community but were shared by various religions. He further alleged that the BJP and the RSS do not accept the concept of India as a 'Union' of diverse histories and traditions, as defined in the Constitution. He claimed that the RSS views certain states, languages, and religions as inferior to others, rejecting the inherent diversity of the nation.