The Allahabad High Court has dismissed a petition seeking registration of a First Information Report (FIR) against Congress leader and Leader of Opposition in the Lok Sabha, Rahul Gandhi, over his alleged anti-national and seditious remarks made during a political event in 2025.
The plea was filed by Simran Gupta, challenging orders passed by courts in Sambhal which had refused to direct registration of an FIR. The petitioner alleged that the remarks amounted to sedition and attracted offences relating to acts endangering the sovereignty, unity and integrity of India under the Bharatiya Nyaya Sanhita (BNS).
The single-judge Bench of Justice Vikram D. Chauhan held that in a parliamentary democracy, criticism of government policies or political opposition cannot, by itself, constitute a criminal offence. It observed that elected representatives have a constitutionally protected right to freedom of speech and expression under Article 19(1)(a) of the Constitution, subject to reasonable restrictions.
Interpreting the impugned statement, the Court noted that the term ‘fight’ in political discourse generally denoted ideological opposition or democratic dissent, and not incitement to violence or rebellion. It drew a distinction between legitimate political expression and acts that would attract penal provisions relating to sedition or threats to national integrity.
The Court further observed that no material was placed on record to show that the speech led to public disorder, incitement, secessionist activity, or any consequences falling within the scope of offences under the criminal law framework. It also noted that the petitioner relied on selective excerpts of the speech without placing the complete context before the Court, thereby weakening the basis of the allegations.
After examining the record and hearing the submissions, the High Court said it found no jurisdictional error, perversity, or illegality in the orders of the trial court and revisional court to exercise its supervisory jurisdiction. Accordingly, the petition was dismissed, affirming the earlier refusal to register an FIR and bringing an end to the proceedings arising from the 2025 speech.