Allahabad High Court Rejects Plea Seeking FIR Against Rahul Gandhi Over Remarks On Sikhs

· Free Press Journal

Prayagraj: The Allahabad High Court has dismissed a petition seeking registration of an FIR against Leader of Opposition in the Lok Sabha Rahul Gandhi over his alleged controversial remarks about the Sikh community during his visit to the United States in September 2024.

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A single-judge bench of Justice Vikram D. Chauhan passed the order, giving relief to the Congress leader in the case.

The petition was filed by Nageshwar Mishra and others, who sought criminal proceedings against Gandhi for allegedly making objectionable remarks about the Sikh community. The petitioners had challenged an earlier order of a Varanasi trial court, which had rejected their application seeking registration of an FIR.

After hearing arguments from both sides, the High Court had reserved its verdict. It has now dismissed the petition.

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What is the controversy?

According to the petitioner's counsel, Satyendra Kumar Tripathi, the controversy stems from Gandhi's remarks during his US visit in September 2024, when he spoke about the religious freedom of Sikhs in India.

Gandhi had allegedly expressed concern over whether Sikhs in India were free to wear turbans and kada (steel bracelets) and visit gurdwaras without restrictions.

Taking objection to the remarks, petitioner Nageshwar Mishra, a former village head and social worker, initiated legal proceedings seeking registration of an FIR against the Congress leader.

According to the petitioner's counsel, an application was first moved before the authorities under Section 173(4) of the Bharatiya Nagarik Suraksha Sanhita. However, the trial court rejected the plea, following which the petitioners approached the High Court challenging the magistrate's order.

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The petitioners argued that the alleged remarks warranted an investigation and cited Section 152 of the Bharatiya Nyaya Sanhita in support of their demand for legal action.

They also claimed that Khalistani separatist Gurpatwant Singh Pannun had endorsed Gandhi's remarks a day after they were made. The petitioners cited this as part of their argument for seeking criminal proceedings.

The High Court, after considering the submissions made by both sides, dismissed the petition.

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