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Synopsis

The Allahabad High Court has recently issued notice to Samajwadi Party (SP) leader Azam Khan in the appeal moved by the state government of Uttar Pradesh against Khan's acquittal in a 2019 hate speech case. 

The bench of Raj Beer Singh also summoned the record of the trial court as well as the appellate court. The matter will be next heard on September 27, 2023.

On May 24, 2023, Additional District and Sessions Judge Amitveer Singh of the MP/MLA court (session trial) in Rampur district had set aside an October 2022 order of a special MP/MLA court whereby Khan had been convicted and sentenced to 3 years in jail for hate speech. 

This conviction had led to Khan's disqualification as Member of State Assembly. By virtue of the conviction and sentencing order, Khan was no longer eligible to serve in the state assembly or as a member of Parliament.

However, the conviction got reversed that by the appellate court. 

The case pertains to Khan's "provocative remarks" made in 2019 against Uttar Pradesh Chief Minister Yogi Adityanath and the then District Magistrate Aunjaneya Kumar Singh.

This case was registered after the returning officer took cognizance on a complaint made to him by an advocate and a local BJP leader, alleging that Khan was trying to incite violence between two communities by delivering provocative statements during Lok Sambha elections campaigning.

The complainant had alleged that Khan also used foul language for the then DM and his mother.

Thereafter, the case was registered against Khan under Sections 153a (promoting enmity between two groups), 505-1 (statement conducing to public mischief) of the Indian Penal Code along with Section 125 of the Representation of People Act 1951.

Case Title: State of U.P. v. Mohammad Azam Khan