Prayagraj: In a significant judgment, the Allahabad high court on Thursday dismissed a plea challenging a Varanasi court order rejecting an application seeking registration of an FIR against Congress MP Rahul Gandhi over his remarks on the Sikh community during his visit to the US in Sept 2024.
The court observed that merely questioning the rights of minorities cannot constitute an offence and that the speech in question was protected under the right to freedom of speech and expression guaranteed by Article 19 of the Constitution. In Oct 2025, the magistrate rejected the plea, observing that the applicants had merely expressed apprehension that Khalistani terrorists might use Gandhi’s speech to spread violence and propaganda without producing any concrete material to support the claim.
The matter arose from an application filed before the Additional Chief Judicial Magistrate, MP/MLA Court, Varanasi, under Section 173(4) of the BNSS seeking registration of an FIR against Gandhi for his alleged “provocative” remarks on the Sikh community. Dismissing a petition filed by former gram pradhan Nageshwar Mishra and another, Justice Vikram D Chauhan held that Gandhi, as an elected representative, has the right to raise concerns regarding any section of society.