The Allahabad High Court on Wednesday reserved its decision after hearing a petition filed by Congress MP and Leader of the Opposition in the Lok Sabha, Rahul Gandhi. Gandhi had approached the High Court against an order from the Special Judge of the MP-MLA Court in Varanasi.
After hearing the revision petition filed by Rahul Gandhi, Justice Samir Jain reserved the judgment and stated that the order of the Special Judge (MP-MLA Court) would be stayed until the judgment is delivered.
Gandhi’s petition to the HC was filed against the MP-MLA court’s decision. The Special Judge of the MP-MLA Court had sent a petition related to a demand for filing an FIR against Rahul Gandhi to the ACJM Court for a fresh hearing, prompting the Congress leader to approach the Allahabad High Court. The case pertains to a statement made by Gandhi in the United States last year, 2024, concerning Sikhs.
A person named Nageshwar Mishra from Varanasi had filed an application before the Additional Chief Judicial Magistrate (MP-MLA) in Varanasi, who, after hearing the case on November 28 last year, had rejected the application seeking to file an FIR against Rahul Gandhi. The court had then stated that since the speech was delivered in America, the matter was beyond its jurisdiction.
Nageshwar Mishra challenged the rejection of the petition by the court before the revision court, which accepted his revision petition and also directed the ACJM Court to rehear the matter.
The matter dates back to September of the previous year. During an event in the United States, Congress leader Rahul Gandhi allegedly stated that the environment for Sikhs in India was not favorable. This statement faced heavy criticism in the country, being labeled as inflammatory and divisive.
Nageshwar Mishra attempted to file an FIR against Rahul Gandhi at the Sarnath police station in Varanasi, but was unsuccessful. Subsequently, Nageshwar filed an application in court to file an FIR against Rahul. However, the judicial magistrate rejected the petition. On November 28, 2024, the court rejected his application, stating that since the matter was related to a speech given in America, it was beyond its jurisdiction.
After the petition was rejected, Nageshwar, a resident of Varanasi, filed a revision petition in the Sessions Court, which was accepted by the court on July 21 this year. However, Rahul Gandhi filed a revision petition in the Allahabad High Court against this decision, arguing that the order of the Varanasi court was incorrect, illegal, and beyond its jurisdiction.
