Allahabad HC refuses to order FIR against Rahul Gandhi over remarks on Sikhs

Dismissing the petition filed by Nageshwar Mishra and another on Thursday, Justice Vikram D Chauhan observed that an elected representative had the right to raise concerns about sections of society and that questioning the rights of minorities could not, by itself, constitute an offence.

The Allahabad high court on Thursday dismissed a petition challenging a Varanasi court order that rejected an application seeking registration of an FIR against Leader of the Opposition (LoP) in the Lok Sabha, Rahul Gandhi, over his remarks on the Sikh community during his September 2024 visit to the United States.

Congress leader Rahul Gandhi (Sourced)

Dismissing the petition filed by Nageshwar Mishra and another on Thursday, Justice Vikram D Chauhan observed that an elected representative had the right to raise concerns about sections of society and that questioning the rights of minorities could not, by itself, constitute an offence.

“The second respondent, Rahul Gandhi, being an elected representative, has a right to raise concerns in respect of society. Further, questioning the rights of minorities by elected representatives by itself cannot be an offence and the said speech of Rahul Gandhi will have protection of freedom of speech and expression under Article 19 of the Constitution,” the court observed.

The court said that an elected representative raising concerns on foreign soil might be viewed by some as improper or a departure from parliamentary tradition, but that alone did not make the speech an offence.

It further observed that even if statements made by an elected representative about an individual were found to be inaccurate or unsubstantiated, the appropriate course was to subject them to scrutiny through parliamentary debate or public discourse.

“Thus, the alleged speech of the second respondent, Rahul Gandhi, is protected by Article 19 of the Constitution,” the court added.

The case originated from an application filed by Mishra and another under Section 173(4) of the Bharatiya Nagarik Suraksha Sanhita (BNSS), seeking registration of an FIR against Gandhi over his alleged provocative remarks about the Sikh community.

In October 2025, the additional chief judicial magistrate, MP/MLA Court, Varanasi, rejected the application, observing that the applicants had merely expressed an apprehension that Khalistani terrorists might use Gandhi’s speech to spread violence and propaganda. They had not provided concrete evidence of any incident to substantiate their claims.

The applicants alleged that Gandhi’s statements were intended to incite people to fight for his political interests.

They subsequently challenged the order before a Varanasi court, which directed the magistrate to reconsider the matter in light of Supreme Court orders and pass a fresh order. The revisional court also clarified that prior sanction from the Central government was not required to investigate speeches made outside India.

Gandhi challenged the reconsideration order before the Allahabad high court, which rejected his petition in September 2025.

Following reconsideration, the Varanasi magistrate again rejected the application in October 2025, prompting the applicants to approach the high court.

In their latest petition, the applicants alleged that during his US visit in September 2024, Gandhi had questioned whether Sikhs in India felt safe wearing turbans or visiting gurdwaras.