Allahabad HC dismisses plea seeking FIR against Rahul Gandhi over alleged remarks on Sikhs

The Allahabad High Court has dismissed a petition seeking registration of an FIR against Lok Sabha Leader of Opposition Rahul Gandhi over his alleged controversial remarks on the Sikh community.

The Allahabad High Court has dismissed a petition seeking registration of an FIR against Lok Sabha Leader of Opposition Rahul Gandhi over his alleged controversial remarks on the Sikh community on Thursday. A single-judge bench of Justice Vikram D Chauhan pronounced the verdict on a petition filed by Nageshwar Mishra and others seeking registration of an FIR against Rahul Gandhi.

The petition was filed under Section 528 of the Bharatiya Nagarik Suraksha Sanhita (BNSS). The petitioners had approached the Allahabad High Court after their application seeking registration of an FIR was dismissed by a Varanasi court. The High Court had reserved its judgment on October 16 after concluding the hearing in the matter.

Advocate Satyendra Kumar Tripathi represented the petitioners, while Additional Advocate General Manish Goyal appeared on behalf of the state government. The petition has been filed under Section 528 of the Bharatiya Nagarik Suraksha Sanhita (BNSS), seeking registration of an FIR against Rahul Gandhi.

The petitioners approached the Allahabad High Court after a Varanasi court dismissed their application seeking registration of the FIR. A single-judge bench presided over by Justice Vikram D Chauhan reserved its verdict after hearing the matter.

The petition was filed by Varanasi resident Nageshwar Mishra and others after their complaint seeking an FIR at Sarnath police station was not acted upon. They subsequently approached the court. On November 28, 2024, the Additional Chief Judicial Magistrate (ACJM-II) had dismissed the case, observing that the alleged remarks were made in the United States and fell outside the court’s territorial jurisdiction.

Nageshwar Mishra subsequently filed a revision petition before the MP/MLA court, which was admitted on July 21, 2025. Rahul Gandhi challenged the order before the High Court, but his petition was dismissed, following which the matter was heard afresh by the ACJM-IV court in Varanasi. ACJM Neeraj Tripathi again dismissed the matter, observing that the date and time of the alleged incident had not been specified. Nageshwar Mishra subsequently filed another revision petition before the ACJM-V court.

Rahul Gandhi submitted his written reply before the MP/MLA court on August 25, stating that the revision petition filed by Nageshwar Mishra was politically motivated and that there were no legal grounds to initiate criminal proceedings against him. Describing himself as a “true patriot”, Gandhi said he held deep respect for all religions and communities, including the Sikh community. He maintained that his remarks were intended to highlight the interests and contributions of Sikhs.

During his visit to the United States in 2024, Rahul Gandhi had remarked that the core issue is whether a Sikh in India has the right to wear a turban and a 'kada'. Nageshwar Mishra filed a petition in response to this statement. On September 10, 2024, in the United States, Rahul Gandhi stated that there is concern within the Sikh community in India regarding whether they will be permitted to wear their turbans and 'kadas', and whether they will be able to visit a Gurudwara. He noted that this concern is not limited to the Sikh community alone but extends to all religions.

He further asserted that the BJP does not accept that the country belongs to everyone. He emphasised that India is a 'Union'—a concept clearly defined in the Constitution—comprising diverse histories, traditions, music, and dance forms. He alleged that the BJP, however, rejects this notion of a 'Union'. He added that the RSS does not understand India. The RSS posits that some states are inferior to others. It suggests that some languages ​​are lesser than other languages, some religions are inferior to other religions, and some communities are lesser than other communities. Yet, every state has its own unique history and traditions.

In the RSS’s worldview, languages ​​like Tamil, Marathi, Bengali, and Manipuri are considered inferior. This is the crux of the conflict. The RSS does not understand India. (ANI)