FIR filed against Rahul Gandhi in Guwahati for saying: "We are fighting the Indian state"

A First Information Report (FIR) has been registered against Congress leader Rahul Gandhi in Guwahati, Assam, following his controversial remarks about the ‘Indian state.’ The FIR was filed at the Pan Bazar Police Station under sections 152 and 197(1)d of the Indian Penal Code, which are related to actions that endanger the sovereignty, unity, and integrity of India. Gandhi made the statement on January 15, 2025, during the inauguration of the Congress Party’s new headquarters at Kotla Road in Delhi. He said, "We are now fighting the BJP, the RSS, and the Indian State itself."

The FIR was filed based on a complaint by Monjit Chetia, who accused Gandhi’s statement of crossing the limits of permissible free speech. Chetia argued that the remarks could pose a serious threat to national security, as they might incite subversive activities and rebellion. The complaint claims that Gandhi's words are an attempt to delegitimize the authority of the Indian state, potentially creating a dangerous narrative that could lead to unrest and separatist sentiments.

The charges under which the FIR has been filed—sections 152 and 197(1)d—are cognizable offenses, which means they allow for arrest without a warrant. These sections are invoked in cases related to actions that threaten India’s unity or incite violence. The FIR has drawn attention due to the gravity of the charges, especially since the provisions mentioned are rarely applied in cases involving political speech. The case could have significant legal and political consequences, particularly in terms of freedom of speech in the political arena.

Chetia’s complaint also referenced Gandhi’s past electoral record, suggesting that his statement stemmed from frustration over Congress’s repeated electoral failures. The complaint claims that Gandhi, as the Leader of the Opposition, has a responsibility to promote democratic values and maintain public trust in democratic institutions. Instead, the complaint argues, Gandhi’s remarks sought to provoke rebellion and disaffection against the central government, threatening the unity and stability of India.

The statement also comes in the context of the ongoing political rivalry between the Congress Party and the ruling Bharatiya Janata Party (BJP). Gandhi has been a vocal critic of the BJP and its ideological mentor, the Rashtriya Swayamsevak Sangh (RSS). His remarks on the ‘Indian state’ add to the growing tensions between the two parties, which have been at odds in several state and national elections. Despite the Congress Party’s continued efforts to regain political ground, it has faced setbacks in the past few years, with the BJP securing significant victories.

Given the serious nature of the charges, legal experts suggest that this case could prompt further discussions on the boundaries of political speech in India. The FIR, which has garnered attention both politically and legally, highlights the delicate balance between free speech and national security concerns. The Congress Party has not yet responded publicly to the FIR or to the specific allegations raised in the complaint. This case is expected to unfold further, potentially affecting the political discourse leading up to upcoming state elections.