Rahul Gandhi, Congress leader and Leader of Opposition (LoP) in the Lok Sabha. PTIThe Allahabad High Court Friday dismissed a petition seeking an FIR against Rahul Gandhi, Congress leader and Leader of Opposition (LoP) in the Lok Sabha, for stating in a TV interview last January that his fight was with a political party as well as the Indian State.A single bench of Justice Vikram D Chauhan observed, “In parliamentary democracy, criticism of government action or policies is not only permitted but is essential. Therefore, criticism or ideological difference may not by itself be an offence.”The bench added, “It is an admitted case that opposite party no 2 (Rahul Gandhi) is an elected representative and Member of Parliament. In a democracy, elected representatives serve as the bridge between citizens and government. The principle is rooted in the concept of representative democracy, where citizens delegate their voice to elected representatives. In this respect, elected representatives may voice their concerns through various mediums. Even otherwise, such elected representatives also have the individual right of freedom of speech and expression.”In her affidavit in the HC, petitioner Simran Gupta said Gandhi’s statement was telecast on TV last year and she had seen it at her home in Sambhal.She moved the HC challenging orders of a Special Judge, MP/MLA Court, Sambhal, Chandausi, dated February 10, 2025, and that of an Additional District and Sessions Judge, Sambhal, Chandausi, on November 7. Both courts had dismissed her plea.The HC stated that the objection of the applicant is to the words “fight with Indian State”. The expression is preceded by two words which indicate an independent organisation and one political party, it noted.The bench, in its order, further stated that the alleged speech does not “explicitly call for any of the mischief provided under BNS section 152”. It said the petition lacks merit and is dismissed.Story continues below this adMUST READ | ‘Petitioner cast aspersions’: Why Allahabad HC judge recused from Rahul Gandhi ‘dual citizenship’ caseWhy petition was rejected earlierThe petitioner, in her January 23, 2025, application before the Special Judge MP/MLA Court alleged that Gandhi made a statement that ‘our fight is with an organisation, political party as well as Indian State’ on January 15.The applicant alleged that the statement threatens the sovereignty, integrity and unity of the Indian State, would create instability and a sense of rebellion in society, and spread public discontent.It was alleged that Gandhi holds a constitutional position and the statement is against the basic spirit of the Constitution and is a cognizable offence. The petitioner also alleged the statement was anti-national and sought an FIR.Story continues below this adThe courts in Sambhal had rejected the application and the revision appeal of the applicant. The MP/MLA Court, in its finding, stated that the petitioner has not shown how Gandhi’s statement is a threat to sovereignty, integrity and unity of Indian State. It had also recorded that the allegation of the petitioner, that the statement would create instability and a sense of rebellion, is only her suspicion/imagination and no material in this respect has been produced.The Additional District and Sessions Judge court also dismissed the petitioner’s appeal, finding no error in the MP/MLA court order.Bhupendra Pandey is the Resident Editor of the Lucknow edition of The Indian Express. With decades of experience in the heart of Uttar Pradesh’s journalistic landscape, he oversees the bureau’s coverage of India’s most politically significant state. His expertise lies in navigating the complex intersections of state governance, legislative policy, and grassroots social movements. From tracking high-stakes assembly elections to analyzing administrative shifts in the Hindi heartland, Bhupendra’s reportage provides a definitive lens on the region's evolution. Authoritativeness He leads a team of seasoned reporters and investigators, ensuring that The Indian Express’ signature "Journalism of Courage" is reflected in every regional story. His leadership is central to the Lucknow bureau’s reputation for breaking stories that hold the powerful to account, making him a trusted figure for policy analysts, political scholars, and the general public seeking to understand the nuances of UP’s complex landscape. Trustworthiness & Accountability Under his stewardship, the Lucknow edition adheres to the strictest standards of factual verification and non-partisan reporting. He serves as a bridge between the local populace and the national discourse, ensuring that regional issues are elevated with accuracy and context. By prioritizing primary-source reporting and on-the-ground verification, he upholds the trust that readers have placed in the Express brand for nearly a century. ... Read More © The Indian Express Pvt LtdTags:allahabad high courtRahul Gandhi