Recently, Leader of the Opposition Rahul Gandhi put his foot in it with a claim that “the BJP and RSS have captured every single institution,” in which framing it was essentially against the BJP, the RSS, and the Indian State.
An FIR was lodged against him at the Pan Bazar Police Station in Guwahati in response to these statements he made during the inauguration of the new headquarters of the Congress Party on January 15 in Delhi.
The FIR invoked sections 152 and 197(1)(d) of the BNS, categorizing the remarks as “acts endangering the sovereignty, unity, and integrity of India,” hence a cognizable and non-bailable offense.
The complainant, Monjit Chetia, has contended that the statements by Gandhi are far beyond the reach of permissible free speech and create an imminent danger to public order and national security. Chetia said the statements are intended to demoralize the State machinery with the intent to create a mindset that would lead to unrest and separation.
“By declaring that his fight is against the ‘Indian State itself,’ the accused has intentionally instigated subversive activities and rebellion among the public at large,” Chetia charged in his complaint. He was afraid such pronouncements might result in an unfavorable situation further destabilizing the country.
Chetia further said that Gandhi’s remarks reflect his frustration at having lost successive elections in the past. He added that being the Leader of Opposition, the onus was on Gandhi to nurture public trust in democratic institutions. On the contrary, he charged that Gandhi misuses his position to spread lies and incite unrest with a potential threat to India’s unity and sovereignty.
“Having failed to get the people’s confidence through the democratic route, the accused has sought to create disaffection against the central government and the Indian State,” Chetia said while praying for taking necessary legal action against him under 152 BNS.
