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An application filed under Section 156(3) CrPC had sought registration of an FIR against Rahul Gandhi for his recent controversial speech at Cambridge University.
A Varanasi court has recently rejected an application filed under Section 156(3) CrPC seeking registration of a first information report (FIR) against Congress leader Rahul Gandhi.
The plea, filed by a member of the Bharatiya Janata Party and lawyer Shashank Shekhar Tripathi, alleged that Gandhi's speech at Cambridge University, which was delivered earlier this month, was divisive and against the spirit of the Constitution of India.
The Court of ACJM Ujjawal Upadhyay dismissed the plea while stating that Gandhi's statements during his said speech could not be said to be outside of the scope of the right to freedom of speech and expression under Article 19(1)(a) of the Constitution.
Through the present application, Advocate Tripathi had sought registration of a first information report (FIR) against Gandhi under Sections 120B (criminal conspiracy), 147 (punishment for rioting), 153A (promoting enmity), 295A (deliberate and malicious acts) and 295 (injuring or defiling place of worship) of the Indian Penal Code.
Tripathi had alleged that Gandhi's speech would amount to hate speech as through his statements, Gandhi's intention was to divide the citizens of the country on the basis of caste, religion, etc.
Emphasising on Gandhi's remarks on Rashtriya Swayamsevak Sangh (RSS), Tripathi had alleged that Gandhi compared RSS with terrorist organisations due to which the sentiments of more than 10 crore Swayamsevaks were hurt.
Tripathi had further asserted that during his speech, Gandhi made statements that were against the unity and sovereignty of the country for which he should be prosecuted.
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