The Allahabad High Court on Friday dismissed a revision petition filed by the Leader of Opposition and Congress MP Rahul Gandhi against an order remanding the plea for FIR against him, over his purported utterances in the US, to the magistrate court to decide afresh.
Justice Sameer Jain was hearing the plea filed by the Congress leader.
One Nageshwar Mishra of Varanasi was stated to have filed an application before magisterial court dealing with MP/MLA cases in Varanasi.
The court on November 28, 2024 rejected the application for FIR against Gandhi and said purported speech was given in the US, so it was beyond its jurisdiction.
The order was challenged before the special MP/MLA sessions court which allowed the revision and remanded the matter to magisterial court to hear it afresh.
The complainant said in September 2024, during a program in the US, Gandhi said that the environment in India was not good for Sikhs.
Mishra claimed there were protests against his statement calling it provocative and divisive in the society and sought the registration of an FIR against the purported statement in Sarnath police station of Varanasi.
He moved the magisterial court after failing to get it registered.
Senior Advocate Gopal Chaturvedi, who represented Gandhi, had submitted that Mishra's application did not mention the date of the purported statement.
Additional advocate general Manish Goel, however, said the point whether there was a prima facie case or not, the high court ought to examine whether it should be decided the magistrate concerned.
He said if it is a statement on foreign soil by the leader of opposition against India, then it was a matter of investigation and further there was admission that Gandhi made utterances.
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