Remarks about Sikhs: Rahul Gandhi moves Allahabad High Court against plea for FIR

Leader of Opposition Rahul Gandhi has approached the Allahabad High Court challenging a Varanasi court’s order that directed a re-hearing of a plea seeking registration of a first information report (FIR) against him over his remarks concerning the plight of the Sikh community.

The matter was listed before Justice Sameer Jain on Monday but was adjourned to September 3 at the request of the opposite party.

An additional district and sessions court in Varanasi on July 22, while hearing a revision plea filed by Nageshwar Mishra, had 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 has now approached the High Court challenging this order.

Gandhi was represented by Senior Advocate Alok Ranjan Mishra.