Wednesday, September 27, 2023

Cambridge University speech: Varanasi court rejects plea by BJP leader seeking registration of case against Rahul Gandhi

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A Varanasi court has dismissed the plea that  seeks registration of  first information report (FIR) against Congress leader Rahul Gandhi over his speech at the Cambridge University.

Advocate Shashank Shekhar Tripathi  who is a member of Bhartiya Janta party has moved this plea.The leader alleged that statement by Gandhi during his speech at Cambridge University were divisive and against the spirit of the Constitution of India. 

The plea seeks registration of 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.

Judge Ujjawal Upadhyay has rejected section 156 CrPC application seeking registration of FIR under the India Penal Code and observed that the statements made by Gandhi were within the scope of right to freedom of speech and expression under Article 19(1)(a) of the Constitution.

In his application, Advocate Tripathi had alleged that Gandhi made statements against the unity and sovereignty of the country and also compared a a Rashtriya Swayamsevak Sangh (RSS) to the terrorist organization, Muslim Brotherhood, due to which the sentiments of more than 10 crore Swayamsevaks were hurt.

He also alleged that the statement by  Gandhi aimed at dividing the people of the country on the basis of caste, religion, etc, and that his statements amounted to hate speech.

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