Allahabad HC Quashes Case Against Salman Khurshid For Alleged 'Rishte Mein Unke Baap' Remark Against Yogi Adityanath

The Allahabad High Court has quashed a criminal case registered against Congress leader Salman Khurshid for allegedly making an indecent remark against the Chief Minister of Uttar Pradesh Yogi Adityanath.

During the electioneering for Lok Sabha Election 2019, while referring to Uttar Pradesh's Chief Minister Yogi Adityanath, Congress leader Khurshid had allegedly said: “Rishte me ham unke Baap Lagte hai".

#JustIn | The #AllahabadHighCourt has quashed the criminal case against Congress leader Salman Khurshid (@salman7khurshid) who was accused of making a remark 'Rishte me ham unke Baap Lagte hain' referring to UP CM Yogi Adityanath (@myogiadityanath) pic.twitter.com/CoWb1HN17D

— Live Law (@LiveLawIndia) February 15, 2023

While quashing the case proceedings against Khurshid, the bench of Justice Dinesh Kumar Singh observed that sometimes, in the spur of the moment, a person utters something with no intention to hurt the feelings and sentiments of others.

"...and if such a person regrets for making such a statement, the Court should take a larger view of the matter and quash the proceedings. Regret is tough but fair teacher. To live without regret is to believe you have nothing to learn, no amends to make, and no opportunity to be braver with your life," the Court added.

The case in brief

Essentially, Khurshid had moved the High Court seeking to quash the charge sheet (filed in August 2019) as well as the cognizance/summoning order (passed in September 2019) and the entire proceeding of Sessions Trial under Sections 153 A, 171-G IPC and Section 125 of the Representation of the People Act, 1951 pending in the court of Special Judge (SC/ST Act), Farrukhabad.

It was the primary argument of the Counsel appearing for Khurshid that the alleged statement was made in a lighter vein which is a famous dialogue of the movie 'Shahanshah' and there was no intention to be disrespectful to Chief Minister Yogi Adityanath.

In fact, Khurshid also filed a personal affidavit before the Court on Feb 13 expressing regret on the said comment/statement.

In view of the same, observing that Khurshid has an 'appetite to learn and be brave in life', the Court remarked thus:

"In view of the affidavit submitted by Sri Salman Khurshid and considering overall facts and circumstances of the case, the context in which he uttered the offending sentence, and his regret for his comment, I am of the view that the continuation of the impugned proceedings against Sri Salman Khurshid would not be justified."

It may be noted that Court's order notes that the said remark was allegedly made in response to a question being put by the journalists in respect of the statement of the CM of UP wherein he had allegedly said that the Khurshid was a sympathizer of Batla House accused/terrorists.

Appearances

Counsel for Applicant: Syed Mohd. Fazal, S. G. Hasnain (Sr. Adv.)

Counsel for Opposite Party: G.A

Case title - Salman Khurshid vs. State of U.P. and Another [APPLICATION U/S 482 No. - 38523 of 2019]

Case Citation: 2023 LiveLaw (AB) 61

Click Here To Read/Download Order