Delhi court sends district Judge complaint against Rahul Gandhi

Rahul Gandhi

Narendra Modi was accused him of hiding behind the blood of soldiers and cashing in on their sacrifice. Metropolitan Magistrate Preeti Parewa said that since Gandhi was a sitting MP, the court was not empowered to take up the matter and was sending back the case to District Judge for allocating it before the designated court.

The court forwarded the matter to District and Sessions Judge for appropriate orders noting that there is a dedicated court for hearing cases pertaining to MPs and MLAs.

The court was hearing a complainant by Joginder Tuli, an advocate, who has alleged that he had filed a written complaint against Gandhi at the Parliament Street police station in October, 2016.
However, the SHO allegedly in connivance with the Congress leader has not taken action against him.

"SHO has not taken any action on the complaint in connivance with Rahul despite knowing the fact that he has committed a cognizable offence," the plea said.

The plea referred to the Congress leader's speech delivered at a public meeting here where he had said PM Modi was hiding behind the blood of soldiers and exploiting their sacrifices.

On October 6, 2016, Rahul, while addressing the meeting after completion of his 'Kisan Yatra' in Uttar Pradesh, had said: "You (Modi) are hiding behind the blood of soldiers in Jammu and Kashmir and those who carried out the surgical strikes for India. You are exploiting their sacrifices, which is very wrong."

The plea before the trial court said the words used in Rahul's speech amounted to shaming democratic country like India and if democracy has to survive, there should be some restrictions on the people talking against the country.

It sought directions to the Delhi police to register the FIR under section 124A (sedition) of the Indian Penal Code (IPC) or other sections of the law.

"Rahul Gandhi prima facie committed an offence of sedition punishable under section 124-A IPC," the plea said.

The petitioner alleged that he had filed a written complaint against Rahul at the Parliament Street police station in October, 2016, but the SHO in connivance with the Congress leader has not taken action against him.

"SHO has not taken any action on the complaint in connivance with Rahul despite knowing the fact that he has committed a cognizable offence," the plea said.

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