New Delhi, November 5: The Allahabad High Court has refused to direct the registration of an FIR against Congress leader and Leader of Opposition in the Lok Sabha Rahul Gandhi over his 2023 remarks in the United States concerning the security of Sikhs in India.
A bench of Justice Vikram D. Chauhan delivered the ruling on Thursday, observing that an elected representative has the right to raise concerns and issues relating to the rights of a community. Disagreement with a public representative’s views, the court said, does not automatically amount to a criminal offence.
The court observed that Gandhi’s alleged remarks appeared, at first glance, to raise concerns about a section of society. During his 2023 US visit, Gandhi had spoken about an alleged sense of insecurity among Sikhs in India and questioned whether Sikhs would have the freedom to wear turbans and visit gurdwaras.
The High Court said such statements are protected under the freedom of speech and expression guaranteed by Article 19 of the Constitution. It added that disagreement with a speech cannot be the sole basis for treating it as an offence, as differences of opinion are part of a functioning democracy.
The petitioners had alleged that Gandhi’s remarks were inflammatory and attracted Section 152 of the Bharatiya Nyaya Sanhita, which deals with acts endangering the sovereignty, unity and integrity of India. They also argued that the endorsement of his remarks by a separatist leader indicated the possibility of their being used to incite violence.
Rejecting the argument, the court said criminal proceedings cannot be initiated merely on the basis of suspicion. It found no prima facie evidence in the alleged speech to establish the likelihood of incitement to violence or disruption of public order.
The court also noted that the petitioners had failed to provide the date, time and place of the alleged speech or submit its complete transcript. Even after nearly two years of legal proceedings, they had not established that the remarks had led to any activity threatening India's sovereignty, unity or integrity.
Earlier, the Varanasi magistrate court and the sessions court had also declined to order the registration of an FIR against Gandhi. The petitioners subsequently challenged those decisions before the Allahabad High Court.
