Today, On 26th September, The Allahabad High Court rejected Congress MP Rahul Gandhi’s plea challenging the order remanding the FIR against him. The court has directed that the matter be heard afresh by the magistrate concerned.
The Allahabad High Court heard a plea from Congress MP and Leader of Opposition Rahul Gandhi regarding an order that referred the issue of an FIR against him to a magistrate court for reconsideration.
Justice Sameer Jain presided over the case, which was prompted by an application from Nageshwar Mishra of Varanasi. Mishra had previously submitted a request to the magisterial court that handles MP/MLA cases in Varanasi.
Earlier, On November 28, 2024, the court rejected Mishra’s application, stating that the purported speech occurred in the US and thus fell outside its jurisdiction.
Mishra challenged this decision in a special MP/MLA sessions court, which reversed the earlier ruling and sent the matter back to the magisterial court for a fresh hearing.
The complainant claimed that during a program in September 2024 in the US, Gandhi stated that the environment in India was not conducive for Sikhs.
Mishra argued that his remarks were provocative and divisive, leading to protests, and sought to have an FIR filed at the Sarnath police station in Varanasi. After his initial request was denied, he approached the magisterial court.
Senior Advocate Gopal Chaturvedi, representing Gandhi, pointed out that Mishra’s application did not specify the date of the alleged statement.
Additional Advocate General Manish Goel contended that the high court should assess whether there is a prima facie case to be determined by the magistrate.
He emphasized that if Gandhi made remarks on foreign soil concerning India, it warranted investigation, noting that there was an acknowledgment of Gandhi’s utterances.
After the magistrate declined to consider his request, Mishra took his plea to the Sessions Court, which approved it and instructed the magistrate to make a fresh decision.
The case will now return to the magistrate for further proceedings.
Senior Advocate Gopal Swaroop Chaturvedi and Advocate Alok Ranjan Mishra represented Rahul Gandhi, while Advocates Manish Goyal and Roopak Chaubey appeared on behalf of the State. Advocate Satendra Kumar Tripathi represented the complainant.
Case Title: Rahul Gandhi v State of UP and Another
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