An FIR has been registered against Lok Sabha Leader of Opposition Rahul Gandhi in connection to the scuffle that broke out in Parliament on Thursday (December 19). Rahul has been booked under a number of charges which carry prison sentences of up to seven years.
How did a scuffle break out in Parliament?
On Thursday, MPs from the INDIA bloc held a protest march near the statue of B R Ambedkar in the Parliament complex, demanding the resignation of Union Home Minister Amit Shah for his comments on Ambedkar in Rajya Sabha.
At around 11.30 am, BJP MP Pratap Singh Sarangi was seen being taken out of Parliament in a wheelchair. Sarangi claimed that Rahul pushed another BJP MP (Mukesh Rajput) onto him while he stood near the stairs of Parliament. Both Sarangi and Rajput were taken to the RML hospital where they were treated for their injuries.
Rahul and the Congress, however, said that the BJP MPs were blocking the LoP’s entrance into the Parliament building. He told reporters outside Parliament: “This might be on your camera. I was trying to go inside through the Parliament entrance, BJP MPs were trying to stop me, push me and threaten me.”
Congress instead accused BJP MPs of pushing Congress chief Mallikarjun Khargeand injuring the octogenarian. “But we do not get affected by jostling… this is the entrance and we have the right to go in. BJP MPs were trying to stop us from going in… The central issue is that they are attacking the Constitution and insulting the memory of Ambedkar ji,” Rahul said.
What happened afterwards?
The scuffle was followed by claims and counterclaims made by BJP and Congress MPs. Although Parliament resumed proceedings briefly at 2 pm, both houses were adjourned as MPs from both sides continued to shout at each other.
Shortly after the scuffle, three NDA MPs including Anurag Thakur and Bansuri Swaraj, reached the Parliament Street Police station to file a complaint in connection with the scuffle. A few hours later, Congress MPs too went and filed a complaint against the BJP.
Delhi Police on Thursday evening registered an FIR against Rahul and other Congress MPs in connection with the scuffle at Parliament, an officer said to The Indian Express.
What sections was the FIR registered under?
The FIR was registered under the following sections of the Bharatiya Nyaya Sanhita, 2023 (BNS):
Section 117 (Voluntary causing grievous hurt): the punishment for this offence is a prison sentence of up to seven years, and/or a fine;
Section 115 (Voluntary causing hurt): the punishment for this offence is a prison sentence of upto one year, and/or a fine;
Section 125 (Act of endangering life or personal safety of others): the punishment for this offence is a prison sentence of upto three years, and/or a fine of upto Rs 10,000;
Section 131 (Assault or use of criminal force): the punishment for this offence is a prison sentence of upto three months, and/or a fine of upto Rs 1,000;
Section 351 (Criminal intimidation): the punishment for this offence is a prison sentence of up to seven years, and/or a fine; and
Section 3(5) (Common intention): This section simply establishes that when a criminal act is done by several persons in furtherance of a common intention, “each of such persons is liable for that act in the same manner as if it were done by her alone”.
So, can Rahul Gandhi be arrested?
Yes. Sections 117 and 125 are cognizable offences — offences for which the police can make an arrest without a warrant (from the court). This is unlike non-cognizable offences, for which warrants are required to make an arrest.
However, arrest is not mandatory. As per the Supreme Court’s guidelines in a 2014 case, arrest in cases involving offences that carry a jail term of up to seven years, cannot be mandatory.
Moreover, all these offences are bailable, meaning that these are offences for which an accused should be granted bail as a matter of right. So, even if Rahul is arrested, it is likely that he will be out on bail.
Can Rahul be disqualified from Parliament?
Only if he is convicted, and sentenced to more than two years in prison. According to Section 8(3) of the Representation of People Act, 1951: “A person convicted of any offence and sentenced to imprisonment for not less than two years shall be disqualified from the date of such conviction and shall continue to be disqualified for a further period of six years since his release.”
This was the provision under which Rahul was disqualified last year, after he was convicted by a Surat court for defamation. Rahul was reinstated as an MP after the Supreme Court stayed his conviction — removing the grounds for his disqualification.
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