FIR complaint filed against Rahul Gandhi over Delhi sit-in protest
Synopsis
Key Takeaways
Advocate Sanket Gupta on Friday, 21 August filed a complaint with Delhi Police seeking registration of a First Information Report (FIR) against Lok Sabha Leader of Opposition Rahul Gandhi and Congress workers for staging an allegedly unauthorised sit-in outside the Deputy Commissioner of Police's office at Parliament Street Police Station in New Delhi. The complaint was filed under Section 189 of the Bharatiya Nyaya Sanhita (BNS), 2023, which pertains to unlawful assembly.
Why the Sit-In Was Staged
Gandhi had gathered with Congress workers and supporters to protest what the party claimed was the police's refusal to register an FIR on behalf of a student who allegedly sustained pellet-gun injuries during protests at Jantar Mantar last month. Those protests had demanded education reforms. Later the same evening, Delhi Police lodged an FIR against unknown persons on the complaint of the purported pellet-gun victim — a development that came after the sit-in drew public attention.
What the Complainant Said
Gupta told reporters that he had visited the New Delhi District police office on unrelated personal work and was unable to meet the concerned officer due to the demonstration. 'I have filed a complaint with the Delhi Police that if a protest is being held there, the sit-in demonstration should be conducted according to the rule of law. No one has the right to take the law and the Constitution for granted and stage a protest,' he said.
Citing a Supreme Court ruling, Gupta added that even the apex court permits protests only within established rules and regulations. He argued that blocking the entry and exit of a police station for political purposes was 'completely wrong.'
Legal Basis of the Complaint
Gupta pointed to an existing legal provision applicable to the area, stating that any gathering of more than five persons is prohibited in that zone given its classification as a sensitive area of New Delhi. He contended that obstructing the DCP office gate — through which urgent complaints must pass — amounted to an unlawful assembly under the BNS. The complaint specifically names Gandhi alongside Congress workers and supporters.
Police Action and What Comes Next
Delhi Police registered an FIR against unknown persons in connection with the pellet-gun complaint on the same evening, effectively addressing the demand that had triggered the sit-in. It remains to be seen whether authorities will act on Gupta's complaint seeking an FIR against Gandhi and the Congress workers. The episode adds to a series of confrontations between the opposition and Delhi Police over protest permissions in the capital.