The Allahabad High Court on Wednesday reserved its order on a petition filed by Leader of Opposition Rahul Gandhi challenging a Varanasi sessions court directive that revived proceedings against him over remarks concerning the Sikh community.
Justice Sameer Jain heard the matter and kept the verdict pending. Gandhi had approached the High Court after the sessions court, on July 22, directed a magistrate in Varanasi to reconsider a plea seeking registration of an FIR against him.
Case Background
The sessions court’s order came while hearing a revision petition filed by Nageshwar Mishra. Mishra had alleged that Gandhi, during his visit to the United States, made statements suggesting that Sikhs in India live under an atmosphere of insecurity. According to Mishra, the remarks were provocative and aimed at furthering Gandhi’s political agenda.
The plea further alleged that Gandhi had engaged in similar rhetoric earlier, including during a rally at Ramlila Maidan, Delhi, on December 14, 2019. It claimed the speech fueled propaganda that eventually culminated in the Shaheen Bagh protests, which later saw unrest and violence.
Magistrate’s Earlier Rejection
The Varanasi magistrate had initially rejected the plea, citing provisions of the Bharatiya Nyaya Sanhita (BNS). Under Section 208, the court observed, any alleged offence committed outside India cannot be investigated or tried in Indian courts without prior sanction from the Central government.
Court’s Direction
However, the sessions court disagreed with the magistrate’s reasoning, holding that the plea deserved a fresh hearing. It asked the magistrate to consider the matter afresh in light of Supreme Court precedents and then pass an appropriate order.
Rahul Gandhi’s challenge to this directive has now been heard by the Allahabad High Court, which will deliver its decision in due course. The outcome will determine whether the Varanasi magistrate must reopen the plea and reconsider registration of an FIR against the Congress leader.
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