Remarks About Sikhs: Allahabad High Court Reserves Verdict on Rahul Gandhi’s Plea
- Kashak Agarwala
- 03 SEPTEMBER 2025
Introduction
The Allahabad High Court on Wednesday reserved judgment in an appeal filed by Leader of Opposition Rahul Gandhi. He challenged a Varanasi sessions court order directing a Magistrate to re-hear a petition seeking registration of an FIR against him for remarks made about the Sikh community during his visit to the United States.
Background of the Case
The complaint was filed in 2024 by Nageshwar Mishra, alleging that Rahul Gandhi made objectionable statements during a U.S. visit, claiming Sikhs in India faced insecurity.
The complaint argued that the remarks were provocative, partisan, and capable of inciting unrest.
Mishra also linked these remarks to Gandhi’s speech at Ramlila Maidan, New Delhi, in December 2019, which he associated with the Shaheen Bagh protests that later witnessed violence.
Proceedings at the Magistrate Court
The Magistrate initially dismissed the plea.
Citing Section 208 of the Bharatiya Nyaya Sanhita (BNS), the Court noted that offences allegedly committed outside India cannot be prosecuted without prior approval from the Central Government.
This jurisdictional bar effectively halted proceedings at the Magistrate’s level.
Sessions Court’s Order
Dissatisfied, Mishra filed a revision plea before the sessions court.
On July 22, 2025, the sessions court directed the Magistrate to re-hear the case afresh, with reference to relevant Supreme Court precedents.
The order required the Magistrate to reconsider the merits of the complaint before passing a new ruling.
Petition to the High Court by Rahul Gandhi
Rahul Gandhi appealed against the sessions court order before the Allahabad High Court.
He contended that the sessions court’s direction was unsustainable, as the Magistrate’s reliance on Section 208 BNS had been legally correct.
The matter was heard by Justice Sameer Jain, who reserved judgment after considering submissions from both sides.
Representation
For Rahul Gandhi: Senior Advocate Alok Ranjan Mishra
Conclusion
The Allahabad High Court’s upcoming verdict will determine whether the Magistrate must revisit Mishra’s plea or if the earlier rejection under Section 208 BNS remains valid. The case raises critical questions on jurisdiction for offences allegedly committed abroad and the interplay of political speech with criminal procedure.
