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Could Rahul Gandhi be arrested for Parliament scuffle amid Ambedkar row?
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  • Could Rahul Gandhi be arrested for Parliament scuffle amid Ambedkar row?

Could Rahul Gandhi be arrested for Parliament scuffle amid Ambedkar row?

FP Explainers • December 20, 2024, 09:51:10 IST
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The Delhi Police has registered an FIR against Congress MP and Leader of Opposition Rahul Gandhi for alleged ‘physical assault’ and ‘incitement’ during the Parliament scuffle on Thursday. The complaint was filed by BJP’s Vadodara MP Hemang Joshi, who alleged that two BJP MPs sustained serious injuries after Gandhi pushed other MPs. What could happen next?

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Could Rahul Gandhi be arrested for Parliament scuffle amid Ambedkar row?
LoP in the Lok Sabha and Congress MP Rahul Gandhi with other INDIA bloc members during a protest in Parliament premises demanding the resignation of Home Minister Amit Shah for his remarks related to B R Ambedkar, in New Delhi, Thursday, December 19, 2024. PTI

Union Home Minister Amit Shah’s remarks on Dr BR Ambedkar have stirred a massive political drama outside the Parliament.

Tensions flared on Thursday with both the BJP and the Congress accusing each other’s Members of Parliament (MPs) of “assault” during protests.

In the latest development, the saffron party has filed an FIR against Congress MP and Leader of Opposition Rahul Gandhi for alleged physical assault and incitement during the scuffle.

This came while the police were yet to act on a Congress complaint against the BJP MPs who pushed Congress chief Mallikarjun Kharge to the ground, causing serious injuries.

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What’s the case against Rahul Gandhi?

The Delhi Police has registered an FIR against Leader of Opposition Rahul Gandhi based on a complaint filed by BJP’s Vadodara MP Hemang Joshi, who went to Parliament Street police station with party leaders Anurag Thakur and Bansuri Swaraj.

In his complaint, Joshi alleged, “At around 10 am, I along with Mukesh Rajput ji, Pratap Rao Sarangi ji, and other Members of Parliament belonging to the National Democratic Alliance (NDA) were peacefully demonstrating," adding that Gandhi arrived around 10.40 am and “forcefully barged toward the peaceful demonstrators" despite security instructions, which he said endangered the safety of the MPs.

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He also accused Gandhi and other opposition members of instigating physical aggression that led to injuries. “Mukesh Rajput sustained a severe injury to the back of his head, and Sarangi was hurt on his forehead,” he said.

The case was registered under Sections 115 (voluntary causing hurt), 117 (voluntary causing grievous hurt), 125 (act of endangering life or personal safety of others), 131 (use of criminal force), 351 (criminal intimidation) and 3(5) (common intention to commit crime) of the Bharatiya Nyaya Sanhita (BNS).

He can be arrested without a warrant from the court, as Sections 117 and 125 are cognisable offences. However, arrest is not mandatory for offences that carry a jail term of up to seven years, as per Indian Express, which cited a 2014 case.

Additionally, all of these offences are bailable.

What happened outside the Parliament?

The chaotic scenes outside began on Thursday morning when the NDA and the INDIA bloc MPs, led by Gandhi and Priyanka Gandhi Vadra , held separate protests outside the Parliament over Amit Shah's controversial Ambedkar remarks .

The NDA MPs were protesting at the Makar Dwar (the main entrance to the building), while INDIA bloc MPs, carrying photographs of Ambedkar, were marching from the Ambedkar statue on the premises.

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Rahul Gandhi and Congress MP Priyanka Gandhi Vadra take part in a protest of opposition MPs demanding Union Home Minister Amit Shah’s apology for his remarks which they claimed were an insult to BR Ambedkar. PTI

While the BJP MPs were on the stairs that led to the entrance, Gandhi and other opposition MPs insisted they be allowed to enter the building — not through the space suggested by security personnel but through the centre.

Unable to enter, Congress MPs K C Venugopal, Hibi Eden, Jothimani S, Praniti Shinde, and others climbed onto the wall near the steps with Ambedkar portraits and yelled slogans. Vadra and Congress MPs protested at the Old Parliament building’s front gate.

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Amid the commotion, Sarangi fell down and sustained an injury on his forehead. While being taken to hospital, the BJP MP, who was bleeding from his forehead, said, “I was standing near the stairs when Rahul Gandhi came and pushed an MP who then fell on me.”

Sarangi and Rajput sustained injuries in the Parliament scuffle and were rushed to the Ram Manohar Lohia Hospital.

After learning about their injuries, visuals showed Gandhi walking up to the BJP MPs who were trying to help the 69-year-old Saranngi, when BJP MP Nishikant Dubey shouted, “Are you not ashamed, Rahul? You are resorting to gundagardi (rowdy behaviour). You pushed an old man.” “He pushed me,” Gandhi responded to Dubey as he walked away.

VIDEO | BJP MP Pratap Sarangi reportedly sustains injury during INDIA bloc's protest inside Parliament premises.#ParliamentWinterSession2024

(Full video available on PTI Videos - https://t.co/n147TvrpG7) pic.twitter.com/koaphQ9nqz

— Press Trust of India (@PTI_News) December 19, 2024
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According to The Indian Express, which quoted Hospital Medical Superintendent Dr Ajay Shukla, the two MPs were in the ICU. Prime Minister Narendra Modi called up the injured MPs to enquire about their health, while several others visited them in the hospital.

In his defence, Gandhi said that he was standing near the entrance and the BJP MPs were blocking his way. Acknowledging the incident, Gandhi said, “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. So this happened… Yes, this has happened (Mallikarjun Kharge being pushed). But we do not get affected by jostling. But 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 that they are attacking the Constitution and insulting the memory of Ambedkar ji.”

#WATCH | Lok Sabha LoP Rahul Gandhi says, "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. So this happened...Yes, this has happened (Mallikarjun Kharge being pushed). But we do not… https://t.co/q1RSr2BWqu pic.twitter.com/ZKDWbIY6D6

— ANI (@ANI) December 19, 2024
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The Leader of the Opposition in Rajya Sabha, Mallikarjun Kharge, also claimed that he too was assaulted as he, along with other MPs, reached Parliament’s Makar Dwar.

The party shared another video to back their claim, saying, “It is clearly visible in this video. BJP MPs are stopping opposition MPs from entering the House with sticks and placards in their hands. BJP MPs are pushing and shoving Congress President Mallikarjun Kharge ji, Priyanka Gandhi ji, and other women MPs. This is sheer hooliganism. There is BJP’s dictatorship in the temple of democracy. This will not be tolerated at any cost.”

What is Congress saying?

In a counterclaim, the grand-old party strongly denied the allegations and accused BJP MPs of pushing Kharge and “physically manhandling” Gandhi.

A delegation of Congress MPs, including Pramod Tiwari, Digvijaya Singh, Rajiv Shukla, and Mukul Wasnik, filed a complaint with the police, alleging BJP MP’s misconduct. “Eighty-four-year-old Dalit leader Mallikarjun Kharge was pushed around and misbehaved with,” Congress MP Tiwari said.

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In their complaint, the MPs said, “While the protest was completely peaceful in nature and marked by displaying placards and images of the late Dr BR Ambedkar, certain unscrupulous Members of Parliament (MPs) belonging to the BJP stood in the way of the protest march with the sole intention of causing ruckus."

LoP in the Rajya Sabha and Congress President Mallikarjun Kharge with party MP Priyanka Gandhi Vadra and DMK MP Kanimozhi Karunanidhi during a protest by the INDIA bloc members in Parliament premises demanding the resignation of Home Minister Amit Shah for his remarks related to B R Ambedkar, in New Delhi, Thursday, December 19, 2024. PTI
LoP in the Rajya Sabha and Congress President Mallikarjun Kharge with party MP Priyanka Gandhi Vadra and DMK MP Kanimozhi Karunanidhi during a protest by the INDIA bloc members in Parliament premises demanding the resignation of Home Minister Amit Shah for his remarks related to B R Ambedkar, in New Delhi, Thursday, December 19, 2024. PTI

“Despite their repeated attempts at disturbing the peaceful protest, the Opposition MPs did not budge… in their bid to stop the protest march, the BJP MPs exerted physical force on Shri Kharge Ji by pushing him to the ground. This has inflicted bodily injuries to Shri Kharge Ji, Shri Neeraj Dangi and others,” the complaint stated, seeking an FIR against BJP MPs under sections of causing hurt, assault and use of criminal force.”

The party has also written to Lok Sabha Speaker Om Birla, urging him to investigate the matter.

In the letter, Kharge said, “I was physically pushed by BJP MPs,” adding that the altercation caused him to lose his balance and fall to the ground.

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He said the fall aggravated pre-existing knee injuries, which had required surgery. “With great difficult and with the support of my colleagues, I limped to the House at 11 am,” he noted, while urging the Speaker to order an inquiry.

He described the incident as “an assault not just on me personally but on the Leader of the Opposition, Rajya Sabha, and the Congress President.”

Congress MP Manickam Tagore described the FIR against Gandhi as a “diversionary tactic” and accused Amit Shah and his allies of attempting to silence dissent. “Defending Babasaheb Ambedkar’s legacy is a badge of honour, not a crime.”

Why did the chaos erupt?

The confrontation between the BJP and Congress erupted over remarks made by Amit Shah on Dr BR Ambedkar in the Rajya Sabha on Tuesday.

As per India Today, Shah said, “Abhi ek fashion ho gaya hai - Ambedkar, Ambedkar, Ambedkar, Ambedkar, Ambedkar, Ambedkar. Itna naam agar bhagwan ka lete to saat janmon tak swarg mil jata (It has become a fashion to say Ambedkar, Ambedkar, Ambedkar, Ambedkar, Ambedkar, Ambedkar’. If they had taken God’s name so many times, they would have got a place in heaven)."

As per Hindustan Times,  Shah’s  comments came during his speech concluding the two-day debate on the “Glorious Journey of 75 Years of the Constitution of India.”

His remarks sparked a furious response from the Congress leaders and led to protests outside the Parliament on Wednesday and Thursday.

Countering the protests, NDA MPs too held demonstrations as Parliament remained stalled with the row.

With inputs from agencies

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Amit Shah Bharatiya Janata Party (BJP) Congress India Parliament Rahul Gandhi
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