In a major relief to Samajwadi Party leader Azam Khan, an MP-MLA sessions court in Uttar Pradesh’s Rampur on Wednesday acquitted him in a 2019 hate speech case, reported PTI.
Rampur Additional District and Sessions Judge (MP/MLA court) Amitveer Singh overturned a lower court order that convicted Khan in a hate speech case lodged in the run-up to the 2019 Lok Sabha elections, where he allegedly used unparliamentary language against Chief Minister Yogi Adityanath and others.
Khan was sentenced to three years in prison on October 27 last year. Following his conviction, Khan was disqualified as an MLA. A by-election was held for The Rampur Sadar seat, and BJP’s Akash Saxena had defeated SP candidate Asim Raja, who is a close aide of Azam Khan in December 8 bypolls.
Additional District Government Counsel (crime) Pratap Singh Maurya told The Indian Express, “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 honourable court on Wednesday.”
Advocate Zubair Ahmad, who represented Khan in the court, said the legal team of the former MP and MLA would decide on the next course of action.
“My client has been acquitted by the additional district and sessions court. He was accused of giving hate speech… The session court has considered the lower court order wrong and said the prosecution couldn’t prove its case,” Ahmed said, as quoted by IE.
“It is a worrying issue. In the same case that he has been acquitted, Azam Khan sahab had spent considerable time in prison. Because of the conviction in the same case, he lost his membership (to the Assembly) and by-elections were held here. Because of the same case, his name was struck off from the electoral rolls later. The verdict has come, and our entire legal team will do research on this and decide the next course of action,” he added.
Azam Khan’s son Abdullah Azam Khan was also disqualified from the Assembly in February. In the by-polls held for Suar seat, BJP ally Apna Dal’s Shafiq Ahmed Ansari won the seat.
On April 2019, a hate speech was registered against Khan under Indian Penal Code sections 153A (promoting enmity between different groups) and 505(1) (publishing or circulating any statement, rumour or report), as well as section 125 (promoting enmity between classes in connection with elections) of the Representation of the People Act.