Allahabad HC Extends Interim Protection Granted To MP Asaduddin Owaisi In Case Over 'Criticising' SC's 2019 Ram Janmabhumi Verdict

The Allahabad High Court on Tuesday extended the interim protection granted last year to AIMIM chief and MP Asaduddin Owaisi till further orders in a criminal case over his alleged controversial statements on the 2019 Ram Janmabhoomi verdict of the Supreme Court Of India.

The complaint case pending against him before the Siddharthnagar Court under Sections 153-A, 295-A, 298 IPC pertains to his statements made allegedly on the news channels reproving the Supreme Court for its judgment on the Ram Janmabhoomi-Babri Masjid case.

It may be noted that in November 2019, a Five-judge bench of the Supreme Court held that the entire disputed land of 2.77 acres in Ayodhya must be handed over for the construction of Ram Mandir.

At the same time, the Court held that an alternate plot of 5 acres must be allotted to the Sunni Waqf Board for the construction of the mosque. The Court also observed that the destruction of Babri mosque in 1992 was a violation of the law. This Judgment of the Supreme Court essentially cleared the way for Ram temple construction in Ayodhya.

Owaisi had moved the High Court challenging the case proceedings on the ground that he is being prosecuted for the offence under Section 153(A) IPC, however, necessary sanction from the concerned authority as contemplated under Section 196(1) CrPC has not been taken and as such, entire proceedings is bad in the eye of law.

It was also contended by Owaisi's counsel that he was summoned by Chief Judicial Magistrate, Siddharth Nagar without recording the statement under Section 202 CrPC. It was argued that Owaisi is a resident of outside the State of Uttar Pradesh, therefore, in view of the amendment by Act No. 25 of 2005 with effect from 23.06.2006 an enquiry under Section 202(1) CrPC is mandatory.

When asked about non-obtaining the sanction under Section 196(1) CrPC, the Additional Government Advocate Sanjay Kumar Singh fairly submitted that there is no sanction for prosecution against the applicant. It was further submitted that since it is a complaint case filed by a private person/opposite party no.2, therefore, a suitable reply in this regard can be given by the complainant/opposite party no.2.

In view of this, a bench of Justice Sanjay Kumar Singh asked the complainant to file his response in the matter and stayed coercive action against Owaisi till further orders. The Court has posted the matter for hearing next on April 16.

Case title - Asaduddin Owaisi vs. State Of U.P.And Another [APPLICATION U/S 482 No. - 9929 of 2023]

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