Allahabad High Court Grants Bail To MP Azam Khan In Case Over His Alleged Remarks Against RSS, BJP

The Allahabad High Court on Tuesday granted bail to the Senior Samajwadi Party leader and a Member Of Parliament, Azam Khan in connection with a case registered against him for allegedly making derogatory statements against BJP, RSS by way of misusing his official letterhead and seal as a UP Minister.

Noting that Khan has been in jail since February 2020, a charge-sheet has been submitted against him and the trial Court has taken cognizance of it, the Bench of Justice Ramesh Sinha was of the view that his continued custody isn't necessary for the purpose of further investigation and trial in the instant case and therefore, he was granted bail. 

However, Khan will continue to be in jail in connection with other cases registered against him.

The case against Khan

Essentially, an F.I.R. was lodged by one Allama Jamir Naqbi against Khan in February 2019 alleging that the Khan, while sitting in his Ministerial office intentionally wrote certain letters dated in August 2014 on the letter pad of the office and also wrote a letter on a blank paper bearing his signatures at the footer, defaming R.S.S., B.J.P., and Maulana Sayyed Kalbe Jawwad Naqbi.

It was further alleged that the same was published in the National Newspaper and various T.V. national news channels by the pressure and high-end networks of the applicant. A charge sheet was submitted under S. 505 (2) [Statements creating or promoting enmity, hatred or ill-will between classes] against him on which cognizance was taken.

Submissions of Khan's counsel

Before the Court, Khan's counsel argued that the alleged incident pertains to the year 2014, but the F.I.R. in the matter had been lodged on in Feb 2019 i.e. almost after five years without explaining the inordinate delay.

It was his further submission that the F.I.R. had been registered in utter ignorance to the bar of limitation as provided under Section 468 of Cr.P.C. inasmuch as the offences alleged against the applicant entail maximum imprisonment of upto 3 years and, as such, the limitation period as provided under Section 468 Cr.P.C. for the offence of three years is only till three years.

It was also argued that on March 5, 2022, a charge-sheet had been filed against the applicant for the offence punishable under Section 505 (2) I.P.C. only and the Court concerned had taken cognizance on it and therefore, even assuming that the applicant is convicted for the offence punishable under Section 505 (2) I.P.C., then, the maximum sentence is to be awarded to him by the Court as per the statute is three years or with fine or with both.

Lastly, it was submitted that 87 criminal cases have already been registered against the applicant on false, concocted, and vexatious allegations. However, out of 87 criminal cases, the applicant has been enlarged on bail in 84 cases.

Consequently, the Court directed that Mohammad Azam Khan be released on bail on his furnishing a personal bond with two sureties each in the like amount to the satisfaction of the Court concerned.

Case title - Mohammad Azam Khan v. The State Of U.P. Thru. Prin. Secy. Addl. Chief Secy. Home Lko.
Case Citation:2022 LiveLaw (AB) 105

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