On Thursday, the special MP/MLA court in Rampur convicted Samajwadi Party senior leader Azam Khan in the 2019 hate speech case. The court sentenced him to three years in jail, and also imposed a fine of Rs 25,000. Azam Khan was accused of using derogatory language for Prime Minister Narendra Modi and Uttar Pradesh Chief Minister Yogi Adityanath during the 2019 Loksabha Elections. He also had abused the then Rampur District Magistrate, IAS Aunjaneya Kumar Singh.
According to the reports, the court found Khan guilty of abusing the PM and CM Yogi Adityanath and also the then DM, IAS Aunjaneya Kumar Singh. The case was registered against Azam Khan at Milak Kotwali in Rampur on April 9, 2019, for making provocative remarks against the three. Khan has the option of movig the High Court challenging the verdict of the Rampur Court.
Samajwadi Party’s senior leader Azam Khan convicted by Rampur court in a hate speech case. Quantum of sentence to be pronounced at 3 pm today.
— The Times Of India (@timesofindia) October 27, 2022
Delivering the speech in the year 2019, SP leader Azam Khan had slammed the BJP-led government for allegedly ruining the lives of the citizens. He had asked the people to take ‘inteqam’ (revenge) against PM Modi and UP CM Yogi Adityanath. He also had said that Muslims had suffered a lot during the BJP rule from 2014 to 2019 and that the BJP leaders ruling over the government were ‘criminals’. He had made repeated requests to take revenge against PM Modi and UP CM Yogi Adityanath.
The case had been registered under sections 153a (promoting enmity between two groups), 505-1 (statement conducing to public mischief) of IPC along with sections 125 of the Representation of People Act 1951. The case was however registered after Akash Saxena, an advocate and a local BJP leader raised the issue and said that Khan was trying to incite violence among two communities by delivering a provocative speech. “He delivered provocative speech to incite violence and also used foul language for the then DM and his mother”, said Saxena who contested against Khan in recent MLA elections in 2022.
“On my complaint, the returning officer took cognizance of the matter and after checking the video footage of the speech, he ordered FIR against the leader”, he was quoted further. Yet though the Court is about to announce the quantum of punishment to Khan, reports mention that the leader might lose power as any MLA, MLC, or MP loses membership in the house if convicted in a criminal case.
As per the Supreme Court’s decision of July 10, 2013, if any MLA, MLC, or MP is convicted in a criminal case and sentenced to at least two years in jail, he or she loses membership in the house with immediate effect. The maximum sentence under IPC sections 505-1 and 153a is three years in prison, which means Khan has the possibility of losing his power.
According to the reports, the Court took into account statements of 21 witnesses out of which 5 were produced by the defense council. However, four cameramen, in-charge of the video observation team and other witnesses were produced by the prosecution.
