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Reportedly, after Supreme Court's verdict in the Ram Janmabhoomi-Babri Masjid title dispute, Owaisi had said that the Supreme Court is supreme "but not infallible"
The Allahabad High Court has recently extended the interim relief granted to the President of the All India Majlis-e-Ittehadul Muslimeen Asaduddin Owaisi in a case over his controversial remarks against the Supreme Court.
The bench of Justice Sanjay Kumar Singh passed the order in a plea filed by Owaisi under Section 482 CrPC.
On March 22, 2023, the high court had ordered the state government of Uttar Pradesh to take no coercive action against Owaisi.
A complaint had been filed against Owaisi following his remarks on the Supreme Court's 2019 judgment in the Ram Janmabhoomi-Babri Masjid title dispute.
Owaise moved the present plea with a prayer to quash the summoning order dated January 10, 2023 and proceeding in a 2022 Complaint Case titled Rakesh Pratap Singh Vs. Asaduddin Owaisi and Another under Sections 153-A, 295-A and 298 of the Indian Penal Code, registered at Police Station Shohratgarh, District Siddharth Nagar, and pending in the court of Chief Judicial Magistrate, Siddharth Nagar.
His counsel contended that the complaint against Owaisi had been filed without obtaining required sanction under Section 196(1) of the CrPC.
He further submitted that Owaisi had been summoned without recording the statement under Section 202 CrPC whereas he is resident of outside the State of Uttar Pradesh. Therefore, in view of the amendment by Act No. 25 of 2005 with effect from June 23, 2006, an enquiry under Section 202(1) CrPC was mandatory, he contended.
On court's precise query with regard to required sanction under Section 196(1) CrPC, Additional Government Advocate for the State submitted that t there is no sanction for prosecution against Owaisi as required under Section 196(1) CrPC.
He further submitted that since it was a complaint case filed by a private person, therefore, suitable reply in this regard could be given by the complainant only.
Court noted that though a Vakalatnama had been filed by a lawyer on behalf of complainant on August 1, 2023, no counter affidavit or stay vacation application had been moved on behalf of the complainant.
Therefore, while directing the matter to be posted on April 16, 2024, the high court extended the interim relief granted to Owaisi.
Case Title: Asaduddin Owaisi v. State Of U.P.And Another
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