Prayagraj: In a significant judgment, the Allahabad high court on Thursday dismissed a plea challenging a Varanasi court order rejecting an application seeking registration of an FIR against Congress MP Rahul Gandhi over his remarks on the Sikh community during his visit to the US in Sept 2024.Dismissing a petition filed by former gram pradhan Nageshwar Mishra and another, Justice Vikram D Chauhan held that Gandhi, as an elected representative, has the right to raise concerns regarding any section of society. The court observed that merely questioning the rights of minorities cannot constitute an offence and that the speech in question was protected under the right to freedom of speech and expression guaranteed by Article 19 of the Constitution.The court further noted that while an elected representative raising concerns on foreign soil may, for some, raise questions of propriety or appear to depart from long-standing traditions of parliamentary democracy, that alone does not make such speech a criminal offence.It also observed that even if statements made by an elected representative were found to be inaccurate or unsubstantiated, the appropriate remedy lies in parliamentary debate and public discourse, where the truth can emerge through the free exchange of ideas. Reiterating its position, the court held that the speech attributed to Gandhi was protected under Article 19.The petition was filed under Section 528 (inherent powers of the High Court) of the Bharatiya Nagarik Suraksha Sanhita (BNSS).The matter arose from an application filed before the Additional Chief Judicial Magistrate, MP/MLA Court, Varanasi, under Section 173(4) of the BNSS seeking registration of an FIR against Gandhi for his alleged “provocative” remarks on the Sikh community. In Oct 2025, the magistrate rejected the plea, observing that the applicants had merely expressed apprehension that Khalistani terrorists might use Gandhi’s speech to spread violence and propaganda without producing any concrete material to support the claim.The applicants alleged that Gandhi’s remarks were intended to incite people for political interests. They challenged the order before a Varanasi court, which directed reconsideration of the matter and clarified that prior sanction from the central govt was not required for investigating speeches delivered outside India. Rahul Gandhi’s challenge to that order was rejected by the Allahabad HC.After reconsideration, the Varanasi magistrate again rejected the plea seeking registration of an FIR, prompting the applicants to approach the high court.In the present petition, the applicants contended that Gandhi questioned whether Sikhs in India felt safe wearing turbans or visiting gurdwaras during his US visit. They argued that Khalistani terrorist Gurpatwant Singh Pannun had endorsed the remarks and claimed they could aid Khalistani propaganda, provoke violence in India and strengthen anti-India narratives abroad. They also referred to Gandhi’s Bharat Bachao Rally speech in Delhi in 2019 and a statement attributed to Congress leader Salman Khurshid, alleging a broader conspiracy to create civil unrest in the country.
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