Delhi court rejects plea seeking FIR against CM over religious comments at public event

NEW DELHIA Delhi court on Friday rejected a plea seeking registration of an FIR against chief minister Rekha Gupta over her alleged remarks referring to a Hindu deity’s actions while reviewing Delhi government officials’ discharge of duties, observing that the speech appeared to be directed at their performance and did not prima facie disclose a deliberate or malicious intention to insult religious beliefs

NEW DELHI

The magistrate underscored that an order directing registration of an FIR cannot be passed merely because a complainant alleges the commission of a cognisable offence. (Shutterstock)

A Delhi court on Friday rejected a plea seeking registration of an FIR against chief minister Rekha Gupta over her alleged remarks referring to a Hindu deity’s actions while reviewing Delhi government officials’ discharge of duties, observing that the speech appeared to be directed at their performance and did not prima facie disclose a deliberate or malicious intention to insult religious beliefs.

Additional chief judicial magistrate Ashwani Panwar of Rouse Avenue Courts passed the order, while dismissing a plea moved by complainant Ram Niwas Sharma, seeking a police investigation against Gupta under Section 299 of the Bharatiya Nyaya Sanhita (BNS), which criminalises deliberate and malicious acts intended to outrage religious feelings.

The court, however, allowed the complainant to pursue his case through evidence before the judge under Section 223 of the BNSS. The matter has been listed for examination of the complainant and his witnesses, if any, on November 19.

Sharma’s complaint stemmed from a speech delivered by the chief minister on September 23, 2025, during a government function at Kashmere Gate ISBT, where she inaugurated Delhi Transport Corporation (DTC) bus services between Delhi and Baraut in Uttar Pradesh.

In its action taken report, the Delhi Police had maintained that the complainant had selectively reproduced portions of the speech, leaving out statements that demonstrated Gupta’s reverence for Lord Hanuman.

It also described the complaint as appearing to be an “orchestrated political vendetta”, noting that Sharma had identified himself as chairman of the RTI department of the Delhi Pradesh Congress Committee and national vice-president of the All India Seemanchal Jan Vikash Parishad.

The complainant, however, contested the police findings, alleging that the investigation was neither independent nor impartial.

While examining the plea, the magistrate underscored that an order directing registration of an FIR cannot be passed merely because a complainant alleges the commission of a cognisable offence. “The test while deciding to exercise power under Section 175 (3) BNSS, 2023 ... is not only whether any cognizable offence is made out or not but whether matter needs investigation for collection of evidence or not,” the court observed.

The magistrate noted that the complete video of Gupta’s speech had already been obtained by the police from the Directorate of Information and Publicity at the Old Secretariat, Vidhan Sabha, and that its transcript and the requisite electronic evidence certificate had also been placed on record.

On the substance of the remarks, the court observed that the comparison between Delhi government officials and Lord Hanuman “appeared to be directed towards the officials and their performance”.

“At this stage it can be said that the material does not prima facie disclose the deliberate and malicious intention to insult religion or religious beliefs, an essential ingredient of Section 299 BNS,” it held.

The magistrate consequently concluded that there was no justification for directing a police investigation and dismissed the application.