2019 Hate Speech Case: Allahabad High Court Issues Notice To SP Leader Azam Khan In UP Govt's Appeal Challenging His Acquittal

The Allahabad High Court has issued a notice to the Samajwadi Party leader Azam Khan in the Uttar Pradesh Government's appeal challenging an order of the Rampur Court acquitting Khan (in May the year) in the 2019 hate speech case which led to his disqualification as an MLA, last year.

Hearing the appeal on Thursday, the bench Justice Raj Beer Singh has also summoned the record of the trial court as well as of the appellate and now, the matter has been listed for further hearing on September 27, 2023.

It may be recalled that in May this year, the Additional District and Sessions Judge Amitveer Singh set aside an October 2022 order passed by a special MP/MLA court of the Rampur district of the State convicting and sentencing him to three years in jail.

Essentially, Khan was found guilty (by the Court of Additional Chief Judicial Magistrate) of making provocative remarks against the Chief Minister of Uttar Pradesh, Yogi Adityanath and the then DM of Rampur, Aunjaneya K. Singh during the campaigning of the Lok Sabha Elections 2019.

He was convicted under Sections 153A (promoting enmity between two groups), 505 (statement conducing to public mischief) of IPC and Section 125 of the Representation of People Act 1951. An FIR was lodged against him after the returning officer had taken took cognizance of the matter after a complaint was made to him in this regard.

However, in his appeal, the Court of ADJ acquitted him. Challenging this very order, UP Government has moved the High Court.

Case title - State of U.P. vs. Mohammad Azam Khan S/O Mohammad Mumtaj Khan [GOVERNMENT APPEAL No. - 339 of 2023]

Click Here To Read/Download Order