Overview

• Justice Sameer Jain found no illegality in the Varanasi Sessions Court’s July 21, 2025 order remitting the matter to the magistrate for reconsideration.
• The dismissal clears the way for proceedings in the Varanasi MP/MLA court, where the magistrate will rehear the complainant’s application for an FIR.
• The case stems from a complaint by Nageshwar Mishra over Rahul Gandhi’s September 2024 remarks in the United States about Sikhs’ ability to practice their faith.
• An earlier order by a Varanasi magistrate on November 28, 2024 had rejected the FIR plea, citing the need for prior Central government sanction for offences alleged outside India.
• Gandhi’s counsel argued the comments were taken out of context and did not incite rebellion, while Uttar Pradesh’s counsel called the remarks provocative and said they warranted inquiry.