A Varanasi court has rejected an application seeking the registration of a First Information Report (FIR) against Congress leader Rahul Gandhi over his remarks about religious freedom and the Sikh community, made during an event in the United States in September 2024.
The complaint, filed by one Nageshwar Mishra, alleged that Gandhi’s comments were provocative and intended to incite people to act in furtherance of his political interests.
According to media reports, Gandhi made the remarks on September 9, 2024, while responding to a Sikh audience member at an event in the US. He had said, “The fight is about whether he, as a Sikh, is going to be allowed to wear a turban in India; or whether, he, as a Sikh, is going to be allowed to wear a ‘kada’ in India; or he, as a Sikh, is going to be able to go to a gurdwara. That’s what the fight is about, and not just for him, but for all religions… We are of the opinion that every state, tradition and language is as important as any other one.”
The complainant argued that the statement could be exploited by pro-Khalistan groups to spread violence and unrest in India. However, the Court found no material evidence to support that apprehension.
In its order dated October 17, Additional Chief Judicial Magistrate (ACJM) Niraj Kumar Tripathi held that an FIR cannot be registered merely on the basis of a hypothetical fear that a crime might occur. The judge observed that the complainant’s concerns were based only on an assumption and not on any actual act or event.
The Court further noted that Mishra’s complaint did not specify the date, time, or place of the alleged statement, and lacked sufficient details to justify the registration of an FIR.
Earlier, the magistrate had refused to entertain the complaint for want of sanction from the Central government, since the alleged statement was made outside India. However, on July 21, an Additional District and Sessions Court in Varanasi directed the magistrate to reconsider the plea, observing that sanction under Section 208 of the Bharatiya Nagarik Suraksha Sanhita (BNSS) is not required for registration of an FIR or investigation, but only for inquiry or trial.
Gandhi had subsequently moved the High Court to quash the case, but the plea was dismissed, with the High Court upholding the Sessions Court’s interpretation.
Following the High Court’s ruling, the magistrate heard the matter again and has now dismissed the complaint, bringing the proceedings to a close at the trial court level.
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