Rahul Gandhi's Sikh remark: Allahabad HC reserves verdict on FIR plea

The Allahabad High Court has reserved its verdict on a petition demanding an FIR against Congress leader Rahul Gandhi for his alleged controversial remarks about the Sikh community, which were reportedly made during a visit to the United States.

The Allahabad High Court has reserved its verdict on a petition seeking registration of an FIR against Congress MP Rahul Gandhi over his alleged controversial remarks about Sikhs. The verdict was reserved after the conclusion of arguments from both sides, which lasted around an hour.

Advocate Satyendra Kumar Tripathi appeared on behalf of the petitioner, Nageshwar Mishra, and others, while Additional Advocate General Manish Goyal represented the state government.

The petition has been filed under Section 528 of the Bharatiya Nagarik Suraksha Sanhita (BNSS), seeking registration of an FIR against Rahul Gandhi. The petitioners approached the Allahabad High Court after a Varanasi court dismissed their application seeking registration of the FIR.

Legal History of the Case

A single-judge bench presided over by Justice Vikram D Chauhan reserved its verdict after hearing the matter. The petition was filed by Varanasi resident Nageshwar Mishra and others after their complaint seeking an FIR at Sarnath police station was not acted upon. They subsequently approached the court.

On November 28, 2024, the Additional Chief Judicial Magistrate (ACJM-II) dismissed the case, observing that the alleged remarks were made in the United States and fell outside the court’s territorial jurisdiction.

Nageshwar Mishra subsequently filed a revision petition before the MP/MLA court, which was admitted on July 21, 2025. Rahul Gandhi challenged the order before the High Court, but his petition was dismissed, following which the matter was heard afresh by the ACJM-IV court in Varanasi.

ACJM Neeraj Tripathi again dismissed the matter, observing that the date and time of the alleged incident had not been specified. Nageshwar Mishra subsequently filed another revision petition before the ACJM-V court.

Rahul Gandhi's Submission to Court

Rahul Gandhi submitted his written reply before the MP/MLA court on August 25, stating that the revision petition filed by Nageshwar Mishra was politically motivated and that there were no legal grounds to initiate criminal proceedings against him. Describing himself as a “true patriot”, Gandhi said he held deep respect for all religions and communities, including the Sikh community. He maintained that his remarks were intended to highlight the interests and contributions of Sikhs.

The Remarks in Question

During his visit to the United States in 2024, Rahul Gandhi had remarked that the core issue is whether a Sikh in India has the right to wear a turban and a 'kada'. Nageshwar Mishra has filed a petition in response to this statement.

On September 10, 2024, in the United States, Rahul Gandhi stated that there is concern within the Sikh community in India regarding whether they will be permitted to wear their turbans and 'kadas', and whether they will be able to visit a Gurudwara. He noted that this concern is not limited to the Sikh community alone but extends to all religions.

He further asserted that the BJP does not accept that the country belongs to everyone. He emphasised that India is a 'Union'—a concept clearly defined in the Constitution—comprising diverse histories, traditions, music, and dance forms. He alleged that the BJP, however, rejects this notion of a 'Union'.

He added that the RSS does not understand India. The RSS posits that some states are inferior to others. It suggests that some languages are lesser than other languages, some religions are inferior to other religions, and some communities are lesser than other communities. Yet, every state has its own unique history and traditions. In the RSS’s worldview, languages like Tamil, Marathi, Bengali, and Manipuri are considered inferior. This is the crux of the conflict. The RSS does not understand India.

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