By Express News Service
LUCKNOW: In a major reprieve to Samajwadi Party stalwart Azam Khan, a Rampur court acquitted him in a 2019 hate speech case, on Wednesday. Khan was convicted and faced a three-year jail term which led to his disqualification from Uttar Pradesh Assembly last year.
Setting aside the conviction order of Azam Khan passed by the lower court, Rampur Additional District and Sessions Judge (MP/MLA court) Amitveer Singh absolved the SP leader of the charges of delivering ‘hate speech’ at a public rally in the run-up to the 2019 Lok Sabha elections.
As per the case’s chargesheet, Azam Khan was accused of using foul language against prime minister Narendra Modi and Uttar Pradesh chief minister Adityanath.
The order of conviction and sentencing was passed by Additional Chief Judicial Magistrate-1 Nishant Mann on October 27, 2022.
The hate speech case against Khan was registered on April 9, 2019, under Sections 153A (promoting enmity between different groups) and 505(1) (publishing or circulating any statement, rumour or report) of the Indian Penal Code as well as Section 125 (promoting enmity between classes in connection with elections) of the Representation of the People Act.
In the complaint, election official Anil Kumar Chauhan had alleged that Khan had in a speech in the Milak Vidhan Sabha area “used foul language for people in constitutional posts, threatened them, and tried to flare a riot”.
“He sought votes from a community in the name of religion and tried to spread hatred, which is against the model code of conduct,” read the complaint.
However, Khan contested the election from the Rampur Lok Sabha constituency and defeated the BJP candidate, actor Jayaprada, with 52.69 per cent of the votes. He gave up his Lok Sabha membership after he was elected MLA from Rampur (Sadar) in the state assembly elections in 2022.
According to Additional District Government Counsel (crime) Pratap Singh Maurya, an appeal was filed in the court of the additional district and sessions judge against the conviction order passed on October 27.
The appeal was allowed and the earlier order was set aside by the court on Wednesday.
As per Vinod Sharma, one of the lawyers who represented Azam Khan in court, his client was acquitted by the additional district and sessions court.
“He was accused of hate speech. The session court has considered the lower court order wrong saying that the prosecution failed to prove its case. We presented all the facts before the honourable court during the hearing of our appeal. Taking all the facts into consideration, the court acquitted my client,” he said.
Azam Khan’s son Abdullah Azam Khan has also been disqualified from the Assembly in February, this year after his conviction in a road blockage case necessitating a bypoll in the Suar constituency. It was won by the BJP ally Apna Dal’s Shafiq Ahmed Ansari on May 10, this year.
LUCKNOW: In a major reprieve to Samajwadi Party stalwart Azam Khan, a Rampur court acquitted him in a 2019 hate speech case, on Wednesday. Khan was convicted and faced a three-year jail term which led to his disqualification from Uttar Pradesh Assembly last year.
Setting aside the conviction order of Azam Khan passed by the lower court, Rampur Additional District and Sessions Judge (MP/MLA court) Amitveer Singh absolved the SP leader of the charges of delivering ‘hate speech’ at a public rally in the run-up to the 2019 Lok Sabha elections.
As per the case’s chargesheet, Azam Khan was accused of using foul language against prime minister Narendra Modi and Uttar Pradesh chief minister Adityanath. googletag.cmd.push(function() {googletag.display(‘div-gpt-ad-8052921-2’); });
The order of conviction and sentencing was passed by Additional Chief Judicial Magistrate-1 Nishant Mann on October 27, 2022.
The hate speech case against Khan was registered on April 9, 2019, under Sections 153A (promoting enmity between different groups) and 505(1) (publishing or circulating any statement, rumour or report) of the Indian Penal Code as well as Section 125 (promoting enmity between classes in connection with elections) of the Representation of the People Act.
In the complaint, election official Anil Kumar Chauhan had alleged that Khan had in a speech in the Milak Vidhan Sabha area “used foul language for people in constitutional posts, threatened them, and tried to flare a riot”.
“He sought votes from a community in the name of religion and tried to spread hatred, which is against the model code of conduct,” read the complaint.
However, Khan contested the election from the Rampur Lok Sabha constituency and defeated the BJP candidate, actor Jayaprada, with 52.69 per cent of the votes. He gave up his Lok Sabha membership after he was elected MLA from Rampur (Sadar) in the state assembly elections in 2022.
According to Additional District Government Counsel (crime) Pratap Singh Maurya, an appeal was filed in the court of the additional district and sessions judge against the conviction order passed on October 27.
The appeal was allowed and the earlier order was set aside by the court on Wednesday.
As per Vinod Sharma, one of the lawyers who represented Azam Khan in court, his client was acquitted by the additional district and sessions court.
“He was accused of hate speech. The session court has considered the lower court order wrong saying that the prosecution failed to prove its case. We presented all the facts before the honourable court during the hearing of our appeal. Taking all the facts into consideration, the court acquitted my client,” he said.
Azam Khan’s son Abdullah Azam Khan has also been disqualified from the Assembly in February, this year after his conviction in a road blockage case necessitating a bypoll in the Suar constituency. It was won by the BJP ally Apna Dal’s Shafiq Ahmed Ansari on May 10, this year.
