Court asks police to file report on plea for FIR against Rahul Gandhi for remarks against PM Modi

A Delhi court directed the police on Friday to file an action taken report (ATR) on a plea seeking registration of FIR against Congress President Rahul for allegedly making derogatory remarks against Prime Minister Narendra Modi in 2016. Additional Chief Metropolitan Magistrate Samar Vishal listed the matter for further hearing on May 15.

During the hearing, the judge asked complainant lawyer Joginder Tuli where did he find the alleged statement. "Has any newspaper reported it? How did you come to know about this statement? It's a 2016 speech. You are coming in 2019." the judge asked.

To this Tuli replied, "It's there in newspapers. The Delhi Police has the video recording. We don't have access to the video." Tuli said he had filed a complaint in October 2016 but the police did not take any action.

The lawyer claimed that he had filed a written complaint against Gandhi at the Parliament Street police station in October, 2016. The SHO however, Tuli alleged, in connivance with the Congress leader has not taken action against him.

"SHO has not taken any action on the complaint in connivance with Rahul despite knowing the fact that he has committed a cognizable offence," the plea said. It referred to the Congress leader's speech delivered at a public meeting here where he had said Modi was hiding behind the blood of soldiers and exploiting their sacrifices.

On October 6, 2016, Rahul, while addressing the meeting after completion of his 'Kisan Yatra' in Uttar Pradesh, had said: "You (Modi) are hiding behind the blood of soldiers in Jammu and Kashmir and those who carried out the surgical strikes for India. You are exploiting their sacrifices, which is very wrong." The plea before the trial court said the words used in Rahul's speech amounted to shaming democratic country like India and if democracy has to survive, there should be some restrictions on the people talking against the country.

It sought directions to the Delhi police to register the FIR under section 124A (sedition) of the Indian Penal Code (IPC) or other sections of the law. "Rahul Gandhi prima facie committed an offence of sedition punishable under section 124-A IPC," the plea said.