Guwahati: Pan Bazar police station in Guwahati filed an FIR against Congress leader and Lok Sabha LoP, Rahul Gandhi, on Sunday over his inflammatory comments.
Gandhi’s statement, claiming that “the BJP and RSS have captured every single institution, and we are now fighting the BJP, the RSS, and the Indian state itself,” has sparked a legal storm.
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Rahul Gandhi made these remarks during the inauguration of the Congress party’s new headquarters at Kotla Road in Delhi on January 15, 2025.
His remarks led to the filing of the FIR under Sections 152 and 197(1)d of the Bhartiya Nyaya Sanhita.
The charges pertain to “acts endangering the sovereignty, unity, and integrity of India,” a cognizable and non-bailable offense.
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The complainant, Monjit Chetia, alleged that Gandhi’s remarks had crossed the boundaries of permissible free speech, which posed a grave threat to public order and national security.
In the complaint, Chetia claimed Gandhi’s words were an attempt to undermine the State’s authority and foster a narrative that could incite violence and separatist sentiments.
“The accused, by claiming that his struggle is against the ‘Indian State itself,’ has intentionally incited subversive actions and rebellion within the public. This aims to undermine the legitimacy of the State, depicting it as a hostile entity, which could trigger unrest and separatist movements,” Chetia claimed, as stated in the FIR.
Chetia alleged that Gandhi’s comments were driven by frustration over his party’s continuous electoral setbacks.
He accused the Congress leader of using his platform to spread misinformation, provoke rebellion, and jeopardize the country’s unity and sovereignty.
“Having failed to earn public trust through democratic processes, the accused now aims to stir discontent against the central government and the Indian State. As the opposition leader, a role meant to uphold public faith in democratic institutions, the accused has instead opted to spread falsehoods and instigate rebellion, thus threatening the nation’s unity and stability,” Chetia stated.
Moreover, the complainant added that Gandhi’s statements directly threaten the integrity of the Indian State, thereby warranting immediate legal action under Section 152 of the BNS.