HC junks plea for FIR against Rahul Gandhi

Rajesh Kumar Pandey/TNNPrayagraj: The Allahabad high court on Friday dismissed a petition seeking registration of an FIR against leader of opposition in Lok Sabha, Rahul Gandhi, over his alleged controversial 'fighting Indian state' remark during the inauguration of All India Congress Committee (AICC) office in 2025 at Sambhal district.Dismissing the petition filed by Simran Gupta, a resident of Sambhal, Justice Vikram D Chauhan observed, “In parliamentary democracy, criticism of govt action or policies is not only permitted but is essential. Therefore, criticism or ideological difference may not by itself be an offence. The said exception also arises from the explanation provided under section 152 of Bharatiya Nyaya Sanhita, 2023.Justice Chauhan had on Apr 8 reserved the judgment after hearing petitioner Simran’s counsel and the state govt counsel at length. Simran had filed the petition challenging a Sambhal court's order rejecting an application seeking the registration of an FIR against Gandhi over his alleged controversial remarks in 2025 .According to the petitioner, in 2025, during the inauguration of the AICC office in 2025, Gandhi allegedly remarked: "We are now fighting the BJP, the RSS and the Indian state itself. According to her, this remarkhas hurt public sentiments across the country, as according to the petitioner, Gandhi's alleged remark amounts to a seditious and anti-national statement made deliberately with the intent to destabilise the country”.While rejecting the petition, the HC observed, “The Sambhal court of first instance has recorded a specific finding that there are no material particulars and circumstances provided by applicant-petitioner which would indicate that offence under section 152 of Bharatiya Nyaya Sanhita, 2023 is made out. The court of first instance has further held that applicant-petitioner has not shown how the alleged speech is a threat to sovereignty, integrity and unity of country. The court of first instance has further held that the claim of applicant-petitioner that offending speech would incite instability and rebellion is based on petitioner suspicion and imagination and no material has been shown in support thereof”.The section 152 of the BNS addresses acts that endanger the sovereignty, unity and integrity of India.==================================