A Bench of Justice Vikram D Chauhan dismissed the petition filed by Nageshwar Mishra and another under Section 528 of the Bharatiya Nagarik Suraksha Sanhita (BNSS). A detailed order is awaited.

For context, in October 2025, the Additional Chief Judicial Magistrate, MP/MLA Court, Varanasi, rejected an application filed under Section 173(4) BNSS seeking registration of an FIR against Gandhi over his alleged 'provocative' remarks about the Sikh community.

The Magistrate had observed that the applicants had merely expressed an 'apprehension' that Khalistani terrorists might use Gandhi's speech to spread violence and propaganda, but had not provided any concrete evidence of an incident or event substantiating such apprehension.

The application, filed by Nageshwar Mishra and another, had alleged that Gandhi's statements were intended to incite people to fight for his political interests.

Earlier proceedings before Varanasi Court

The complaint was initially dismissed by the trial court on November 28, 2024.

The applicants subsequently filed a criminal revision. The revisional court directed the Magistrate to reconsider the matter with respect to the speech made by Rahul Gandhi in the US, in light of the Supreme Court's orders, and pass a fresh order.

The revisional court also clarified that prior sanction from the Central Government was not required for an investigation into speeches made outside India.

In a separate proceeding arising from the revisional court's order, the Allahabad High Court, in September 2025, rejected Gandhi's petition challenging the direction for reconsideration.

Following reconsideration, the Varanasi Magistrate passed a fresh order in October 2025 rejecting the application seeking registration of an FIR. The applicants subsequently approached the Allahabad High Court challenging that order.

Allegations against Gandhi

The applicants alleged that during his US visit in September 2024, Gandhi questioned whether Sikhs in India felt safe wearing turbans or visiting Gurdwaras.

They pointed out that Khalistani terrorist Gurpatwant Singh Pannun had endorsed Gandhi's statement as correct, which, according to them, made "the work of Khalistani terrorists easier".

The applicants further claimed that Gandhi's remarks could provoke violence in India and aid anti-India propaganda worldwide.

The plea also compared the alleged impact of Gandhi's comments to his speeches during the 'Bharat Bachao Rally' at Delhi's Ramlila Maidan in December 2019. It claimed that those speeches led to the Shaheen Bagh protests and subsequent riots, which resulted in over 100 deaths.

The applicants also relied on a statement attributed to Congress leader Salman Khurshid, who allegedly said that "a situation like Bangladesh could arise in India". They claimed that the statement was evidence of a conspiracy to spark a civil war in the country.