Delhi Police Begins Probe Into Complaint Against Sonia, Rahul Over Vande Mataram Row

New Delhi: The Delhi Police has initiated an enquiry into a complaint seeking registration of an FIR against Congress leaders Sonia Gandhi and Rahul Gandhi over an alleged disruption during the rendition of the National Song "Vande Mataram" at the All India Congress Committee (AICC) headquarters in New Delhi on Independence Day.

The complaint was filed on August 16, a day after the Congress' Independence Day programme at its headquarters. It was submitted by advocates Kunal Vinayak and Shubh Sharma before the Station House Officer of the concerned Delhi Police station.

According to the complaint, Sonia Gandhi, who was present at the programme at Indira Bhawan, allegedly made gestures and communicated with people present in a manner that the complainant interpreted as an objection to the continuation of the rendition of "Vande Mataram". The complaint refers to publicly circulated video footage and media reports in support of the allegations.

The complaint also refers to purported video footage in which Rahul Gandhi is alleged to have said, "We are not singing Vande Mataram," during the rendition.

The complaint states that the exact nature, intention and purpose behind the alleged gestures and conduct of the two Congress leaders require investigation by the competent authority. The allegations have not been established by the police.

The complainants have invoked the Prevention of Insults to National Honour (Amendment) Bill, 2026, stating that it seeks to extend penal protection available to the National Anthem to the National Song.

The complaint cites the proposed amended Section 3, which provides for imprisonment of up to three years, or a fine, or both, against a person who intentionally prevents the singing of the National Anthem or National Song, or causes disturbance to an assembly engaged in such singing.

However, the complainants have also asked the police to first ascertain the legal status and commencement of the proposed amendment as on the date of the incident and the date of registration of the complaint, and examine the allegations accordingly.

The complaint also cites the Supreme Court's 2018 judgment in Shyam Narayan Chouksey v. Union of India, referring to the statutory provision concerning intentional prevention of the singing of the National Anthem or causing disturbance to an assembly engaged in such singing.

Supreme Court advocate Shubh Sharma claimed that the amendment has received the President's assent and is enforceable, and argued that it gives "Vande Mataram" the same status as the National Anthem.

"Yes, this (Prevention of Insults to National Honour (Amendment) Bill, 2026) is already enforced; it has the President's assent. Now, Vande Mataram has the same status as our National Anthem. So, this Act is now applicable to every individual, including Sonia Gandhi," Sharma said.

The complaint's main prayer seeks registration of an FIR under the provisions of law found applicable after verification of the legal position, followed by a fair, impartial and time-bound investigation. It also seeks appropriate action against all persons found responsible in accordance with law.

The complainants have reserved the right to submit additional audiovisual material, witness details and other relevant evidence to the investigating agency.

The controversy has triggered a political confrontation between the BJP and Congress. BJP leaders have accused senior Congress leaders of disrespecting the National Song, while the Congress has rejected the allegations and offered a different explanation for the events captured during the programme.

Union Home Minister Amit Shah has also criticised the Congress over the controversy, while Congress leaders have accused the government of attempting to divert attention from other issues.

The row came shortly after "Vande Mataram" was rendered at the Red Fort during Prime Minister Narendra Modi's Independence Day celebrations, marking 150 years of the National Song. Modi highlighted its historical and emotional significance during his address to the nation.

The Delhi Police is now examining the complaint, available video footage and other material to determine whether the allegations disclose any offence and whether further legal action, including registration of an FIR, is warranted. The allegations against Sonia Gandhi and Rahul Gandhi remain unproven as the police enquiry is underway.

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