Patna HC quashes summons issued against Union Minister Nityanand Rai

Patna: Patna High Court has quashed a three-year-old summons issued against Union Minister of State for Home Affairs Nityanand Rai by a lower court in connection with an alleged inflammatory speech made during an election campaign.

A single judge bench of Justice Chandra Shekhar Jha on Tuesday allowed the petition of Rai, challenging the order passed by the Chief Judicial Magistrate of Araria on April 13, 2022.

The CJM had summoned Rai, taking cognisance of offences under relevant sections of the IPC and the Representation of People Act, pursuant to an FIR lodged against Rai at Narpatganj police station in 2018.

Rai, who was then the state BJP president, had been charged with giving an inflammatory speech while canvassing for the party's candidate during the Araria Lok Sabha bypoll.

Rai had said if the RJD won the bypoll, Araria would get converted into "a base for the militant outfit ISIS".

Setting aside the CJM's order, the High Court said summons was issued "mechanically", with the remark that it "cannot be said that the speech was malignant in nature".

"ISIS is no doubt a militant outfit having no connection with any religion", the court observed, adding "there is no harm to any religious sentiment (or) to any community".