
The Allahabad High Court on Wednesday reserved its verdict in the petition filed by Leader of Opposition Rahul Gandhi against a Varanasi court’s order against him over his remarks concerning the plight of the Sikh community.
An additional district and sessions court in Varanasi had on July 22 directed a Magistrate court to re-hear the plea seeking registration of a first information report (FIR) against Gandhi for his remarks.
Gandhi then moved the High Court against the sessions court order.
Justice Sameer Jain of High Court heard the matter today and reserved his verdict.
The sessions court had passed direction against Gandhi while hearing a revision plea filed by one Nageshwar Mishra.
The sessions court directed the concerned Magistrate to reconsider the matter afresh after taking into account the relevant Supreme Court precedents, and then pass a new order.
The plea filed by Mishra in 2024 alleged that Gandhi made an objectionable statement during his visit to the United States, claiming there is an atmosphere of insecurity among Sikhs in India.
The plea alleged that the statement was provocative and intended to incite people to act in furtherance of Gandhi's political interests.
The plea also contended that similar 'propaganda' was spread by Gandhi during a Rally organized at Ramlila Maidan in Delhi on December 14, 2019, which resulted in a massive protest at Shaheen Bagh in Delhi, which tragically ended in violence and anarchy.
While initially rejecting the plea, the Magistrate court had observed that under the proviso to Section 208 of the Bharatiya Nyaya Sanhita (BNS), an offence committed outside India cannot be inquired into or tried in India without prior sanction from the Central government.
This resulted in a revision plea before the sessions court, which permitted the matter to be re-heard.
Gandhi then approached the High Court challenging the order.
Gandhi was represented by Senior Advocate Alok Ranjan Mishra.