NEW DELHI
Sharma alleged that Gupta had deliberately made sarcastic and contemptuous remarks mocking Lord Hanuman, while addressing government officials and the public. However, no FIR was registered. In its action taken report, the Delhi Police had maintained that the complainant had selectively reproduced portions of the speech, leaving out statements that demonstrated Gupta’s reverence for Lord Hanuman. The complainant, however, contested the police findings, alleging that the investigation was neither independent nor impartial.
Additional chief judicial magistrate Ashwani Panwar of Rouse Avenue Courts passed the order, while dismissing a plea moved by complainant Ram Niwas Sharma, seeking a police investigation against Gupta under Section 299 of the Bharatiya Nyaya Sanhita (BNS), which criminalises deliberate and malicious acts intended to outrage religious feelings. Sharma said he had approached the Kashmere Gate police station, the deputy commissioner of police concerned and the police commissioner with his complaint on September 26, 2025, followed by a reminder on October 9. A Delhi court on Friday rejected a plea seeking registration of an FIR against chief minister Rekha Gupta over her alleged remarks referring to a Hindu deity’s actions while reviewing Delhi government officials’ discharge of duties, observing that the speech appeared to be directed at their performance and did not prima facie disclose a deliberate or malicious intention to insult religious beliefs.
Because a complainant alleges the commission of a cognisable offence, while examining the plea, the magistrate underscored that an order directing registration of an FIR cannot be passed merely.
“The test while deciding to exercise power under Section 175 (3) BNSS, 2023 … is not only whether any cognizable offence is made out or not but whether matter needs investigation for collection of evidence or not,” the court observed.
The court, however, allowed the complainant to pursue his case through evidence before the judge under Section 223 of the BNSS. The matter has been listed for examination of the complainant and his witnesses, if any, on November 19.
