Allahabad HC Stays Coercive Action Against MP Asaduddin Owaisi For Allegedly Criticising SC's 2019 Ram Janmabhumi Verdict

The Allahabad High Court has stayed coercive action against AIMIM chief and MP Asaduddin Owaisi till April 24 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. 

Allahabad High Court STAYS COERCIVE ACTION against AIMIM chief and MP Asaduddin Owaisi (@asadowaisi) till April 24 in a criminal case over his alleged controversial statements on the 2019 #RamJanmabhoomi verdict of the #SupremeCourtOfIndia.#HateSpeech pic.twitter.com/cuNnpB7CtD

— Live Law (@LiveLawIndia) March 24, 2023

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 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.

Observing that the matter requires consideration, the bench of Justice Rajiv Gupta issued a notice to opposite party no.2 returnable within four weeks. The Court also granted two weeks' time to the state to file a counter affidavit.

With this, the matter was listed for April 24 and the state authorities were directed to not take any coercive action shall be taken against him till then.

It may be noted that Owaisi had allegedly said that the 2019 verdict of the SC was a victory of belief over facts and that the Supreme Court was supreme "but not infallible". He had purportedly added that he was not satisfied with the Supreme Court's judgment.

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

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