BREAKING | Rampur Court Dismisses SP Leader Azam Khan's Plea Seeking Stay On His Conviction In 2019 Hate Speech Case

A Court In Uttar Pradesh's Rampur District today DISMISSED an application moved by the Samajwadi Party Leader Azam Khan seeking a stay of his conviction in the 2019 hate speech case. The Court has pronounced the order today pursuant to a direction issued by the Apex Court to decide Khan's application on Thursday itself.

It may be noted that Khan had been found guilty in a 2019 Hate Speech case by a Rampur Court last month and was awarded a 3-year jail term. In this case, he had made provocative remarks against the Chief Minister of Uttar Pradesh, Yogi Adityanath, and the then DM of Rampur, Aunjaneya K. Singh during the Lok Sabha Elections 2019.

Now, challenging his conviction, he had filed an appeal before the Rampur Sessions court, which granted him interim bail and posted his application for a stay of conviction for hearing on November 16.

However, the next day of his conviction, the UP Legislative Assembly declared the Rampur Vidhansabha seat, which was hitherto being represented by Khan, as vacant [for incurring disqualification under the Representation of Peoples Act 1951].

Following that, the ECI also issued a press release on November 6, declaring the schedule for bye-elections for Rampur. As per the schedule, the official gazette notification for bye-elections was scheduled to be notified today (November 10).

Khan moves Supreme Court

In this background, Khan approached the Supreme Court challenging the bye-election of Rampur's seat arguing that such a move was not proper when his appeal against conviction is pending before the Sessions Court.

Senior Advocate P Chidambaram (instructed by Advocate Nizam Pasha), appearing for Khan, on Wednesday, submitted before the bench of Chief Justice of India DY Chandrachud, Justice Hima Kohli and Justice JB Pardiwala that the declaration of the Rampur seat as vacant was a politically motivated decision.

Chidambaram also informed the bench that Khan's appeal against the conviction and his application for a stay of conviction is scheduled for hearing on November 15, however, in the meantime, the ECI would notify the bye-elections and this would cause irreparable loss to Khan.

In view of this and having heard the arguments of both, Khan and the Election Commission, the Supreme Court yesterday disposed of his application by directing the Additional Sessions Court Rampur to decide Khan's application for a stay of conviction tomorrow (November 10) .

The Court further directed that depending on the decision of the Sessions Court in the application for a stay of conviction, ECI could issue the notification regarding bye-polls on or after November 11.

In this very case, Khan has been 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. Khan is involved in over 85 Cases, he was released earlier this year after being granted interim bail by the Supreme Court in a forgery case.