The Supreme Court has scheduled a hearing for October 26 regarding a plea that seeks to file a first information report (FIR) against Rahul Gandhi, the Leader of Opposition in the Lok Sabha. This request arises from an incident that allegedly occurred on October 12, during an Opposition march within the Supreme Court premises, where a woman journalist reportedly sustained injuries.

The application, which is set to be reviewed alongside other related matters, was presented by advocate Digant Mishra and others. It highlights the case of journalist Richa Parashar, who is employed by the news website OneIndia. According to her allegations, she was pushed by security personnel assigned to Gandhi while attempting to obtain a statement from him, resulting in her falling and injuring herself.

Parashar, who is currently three months pregnant, was subsequently hospitalised due to the injuries sustained during the incident. The application calls for the Delhi Police to immediately register an FIR under various sections of the Bharatiya Nyaya Sanhita, 2023, which pertain to assault and causing hurt, among other legal provisions.

Preservation of Evidence

In addition to the FIR request, the application seeks the preservation of all relevant evidence, including CCTV footage from the Supreme Court premises on the day of the incident. This includes footage from the gates, steps, driveways, and access-control logs, as well as records of entry passes and visitors for October 12.

Senior advocate Gaurav Bhatia, who is representing the applicants, emphasised the urgency of the matter during the court proceedings. He noted that when the incident was brought to the court’s attention on Thursday, the bench indicated that it would not take suo motu cognisance but would consider the issue only if a formal application or petition was submitted.

The Chief Justice of India, Surya Kant, confirmed that the application would be heard in conjunction with Mishra’s petition, which had been discussed the previous day. Mishra had raised concerns regarding the manner in which Gandhi and other Opposition leaders entered the Supreme Court grounds, accompanied by a significant number of lawyers, without securing the necessary clearance for such a gathering.

Regulatory Framework for Protests

The petition also advocates for the establishment of a neutral framework to regulate processions and demonstrations in and around the judicial complexes of constitutional courts. It calls for a complete ban on political protests within these judicial areas and seeks to implement guidelines regarding the decorum that political parties and their leaders should maintain while present on judicial campuses.

This aspect of the application underscores the need for clear regulations governing political activities in sensitive areas, particularly those associated with the judiciary. The aim is to ensure that the sanctity of judicial spaces is preserved while allowing for the expression of political views in appropriate settings.

As the Supreme Court prepares to hear this case, the implications of the incident and the subsequent legal requests will likely be closely monitored by various stakeholders, including legal experts, political analysts, and the media. The outcome may set a precedent for how political activities are conducted in proximity to judicial institutions in India.

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