The Odisha Police clarified that they need no permission to file an FIR against Rahul Gandhi after the Congress Party questioned the legitimacy of the FIR registered against Congress leader Rahul Gandhi in Jharsuguda for making anti-India remarks.
Responding to the allegations of Congress leaders, IG Sambalpur Himanshu Lal, who directed the filing of FIR against Rahul Gandhi, explained the law on the point. He said that under section 173 of the BNSS, offences are registered in the area where they are committed. “However, if the statement was published or accessed in another state (e.g. through social media), jurisdiction can extend to that state as well if the complainant is affected by the action. The complainant must show that the statement caused harm within their jurisdiction. Here, the complainant has shown the same in the case of Jharsubuda that Rahul Gandhi’s statement has hurt him,” said the IG.
He further clarified that no prior permission is required to conduct an investigation, it is only required for prosecution. “There is no requirement for any permission for investigations against offence committed by any public servant under section 197 of CrPC. Permission is required only at the prosecution stage and that too when a public servant is discharging his official duty which is not applicable in this case,” IG Lal added.
During a press conference, Congress leaders including Sudarsan Das and Sibananda Ray, questioned if the Jharsuguda police had the jurisdiction to lodge the FIR against Gandhi. The leaders alleged that the FIR was filed on the direction of the BJP. They claimed that the law under section 197 of the BNSS can file an FIR but cannot conduct an investigation against public servants without permission from a competent authority.
Stating that they have sought an appointment with the DGP regarding the FIR, they said that the Jharsuguda police should have consulted senior police officials before lodging the FIR.
On 7th February, a case was registered against Rahul Gandhi under sections 152 and 197 (1) (D) of the BNS over a controversial statement made by him, urging his party to fight against the Indian state on 15th January 2025 during the inauguration of the new Congress headquarters at Kotla Road, Delhi. OpIndia has a copy of the FIR. Section 152 criminalises attempts to excite, secession or armed rebellion or subversive activities, or encourages feelings of separatist activities or endangers the unity, sovereignty and integrity of India. Section 197(1)(D) deals with the acts of making or publishing false or misleading information that can endanger India’s sovereignty, unity, integrity or security.
