Justice Sameer Jain of Allahabad High Court reserves verdict on Rahul Gandhi plea over Sikh remarks and Section 208 BNS jurisdiction issues.

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Case Overview

Case Name: Rahul Gandhi vs. State of Uttar Pradesh & Anr.

The petition filed by Leader of Opposition Rahul Gandhi came up before Justice Sameer Jain of the Allahabad High Court . Gandhi challenged the order of the Varanasi sessions court which had directed a Magistrate to reconsider a plea seeking registration of an FIR against him . The revision plea was filed by one Nageshwar Mishra alleging Gandhi’s remarks abroad maligned the Sikh community .

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Key Aspects

The matter revolves around whether Gandhi’s alleged statements can amount to a prosecutable offence in India . The factual background and core issues are as follows :

• On July 22, 2024, a sessions court in Varanasi ordered the Magistrate to re-hear the FIR plea against Rahul Gandhi .
  
• The plea claimed Gandhi’s U.S. remarks portrayed Sikhs as insecure in India, inciting public sentiment .
  
• It also referred to Gandhi’s 2019 Ramlila Maidan speech that allegedly triggered protests at Shaheen Bagh .
  
• The Magistrate initially dismissed the plea, relying on Section 208 of the Bharatiya Nyaya Sanhita (BNS) .
  

Legal Insights

The legal issues in this case highlight the balance between free speech, jurisdiction, and criminal liability . Relevant provisions include :

• Section 208 BNS : Bars inquiry or trial of offences committed outside India without Central Government sanction .
  
• Section 124A IPC (Sedition, pre-BNS) and provisions on incitement were argued as context for “provocative speech.”
  
• The sessions court directed reconsideration in light of Supreme Court precedents on hate speech and criminal intent .
  
• The plea raised issues of whether political remarks abroad fall within India’s territorial jurisdiction .
  

Court’s Verdict

After hearing Senior Advocate Alok Ranjan Mishra for Rahul Gandhi, Justice Sameer Jain of the Allahabad High Court reserved judgment . The forthcoming verdict will decide whether the Magistrate must proceed afresh on the FIR or uphold Gandhi’s challenge .

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Source – High Court of Allahabad 

Read also – Bharatiya Nyaya Sanhita