The Odisha Police has clarified that no prior permission is required to register a First Information Report (FIR) against Congress leader Rahul Gandhi, countering allegations from the Congress Party regarding the legitimacy of the FIR lodged in Jharsuguda. The case pertains to remarks allegedly made by Gandhi that have been deemed anti-India, leading to legal action in Odisha.
The controversy erupted after Congress leaders raised objections over the FIR, questioning whether the Jharsuguda police had the jurisdiction to file such a case. In response, Inspector General (IG) of Police, Sambalpur Range, Himanshu Lal, who had directed the registration of the FIR, addressed the legal provisions justifying the action.
Clarifying the jurisdictional aspect, IG Lal stated that under Section 173 of the Bharatiya Nyaya Sanhita (BNS), an offence is registered in the area where it is committed. However, if a statement is published or accessed in another state, especially through social media, the jurisdiction extends to that location if a complainant can establish that the statement caused harm within that territory.
“In this case, the complainant in Jharsuguda has demonstrated that Rahul Gandhi’s remarks have personally affected him. Based on this, the FIR has been registered in Odisha,” IG Lal explained.
Addressing concerns regarding the necessity of prior approval, the senior police official clarified that no sanction is needed to initiate an investigation. “Permission is required only at the prosecution stage and that too only when the alleged offence is committed by a public servant in the discharge of official duties. This does not apply in this case,” he added, citing Section 197 of the Code of Criminal Procedure (CrPC).
Congress leaders, including Sudarsan Das and Sibananda Ray, have strongly opposed the FIR, alleging that it was politically motivated and filed at the behest of the Bharatiya Janata Party (BJP). They contended that the Jharsuguda police should have sought approval from higher authorities before registering the case.
During a press conference, the Congress leaders argued that while Section 197 of the BNSS allows for the filing of an FIR, it restricts law enforcement from conducting an investigation against public servants without prior permission from a competent authority. “The police should have first consulted senior officials or the Director General of Police (DGP) before proceeding with this case,” they stated, adding that they have formally sought an appointment with the DGP to discuss their concerns.
The FIR against Rahul Gandhi was registered on February 7, 2025, under Sections 152 and 197(1)(D) of the BNS. The case stems from a statement allegedly made by Gandhi on January 15, 2025, during the inauguration of the Congress Party’s new headquarters at Kotla Road, Delhi.
Section 152 of the BNS criminalises attempts to incite secession, armed rebellion, subversive activities, or actions that endanger India’s unity, sovereignty, and integrity. Meanwhile, Section 197(1)(D) pertains to the act of making or publishing false or misleading information that could jeopardise the sovereignty, unity, integrity, or security of India.
The copy of the FIR outlines the specific remarks made by Gandhi that led to the case. The Odisha Police’s assertion that no prior approval is needed for registering the FIR may set the stage for further political and legal confrontations in the coming days.
As the matter unfolds, it remains to be seen how the legal proceedings and political narratives around the case develop.
