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The Allahabad High Court has granted protection from arrest to Muhammad Saghir Khan, who was alleged to have called for “revenge” if the 2019 Ayodhya Verdict were to go in favour of the Hindu Community.

The petitioner is alleged to have made a statement in the year 2019 that,

 'in case the judgment of Hon'ble Supreme Court is rendered in favour of one community then Muslims should be ready to take steps to counter the same and that they should take revenge in their own manner'.

As per the First Information Report(FIR), the man had also asked that message to be circulated via WhatsApp. However, before the court, the man had countered the allegations alleging that allegations against him were false and he had been unnecessarily harassed for political and other extraneous reasons.

Though, the bench of Justice Devendra Kumar Upadhyaya and Justice Saroj Yadav conformed with the submission of petitioner's counsel that the allegations in the FIR did not render any offence under section 124-A of I.P.C.(Sedition).

The bench opined, "We prima facie do not find anything which suggests that the petitioner in the meeting addressing the muslims youths appear to have incited the person present there to create disturbance of public peace by taking recourse to violent means."

To strengthen its opinion, the bench also relied upon the Supreme Court's ruling in Vinod Dua vs. Union of India and others(2021) that the tendency of such an offence under section 124-A is to incite the people to rebel by violent means.

Accordingly, holding that the speech rendered by the petitioner did not reflect or appeal to the youth to indulge in any criminal act by rebelling or by using violence, the bench directed that the petitioner shall not be arrested till the next date of listing of the case. 

The petitioner, one Muhammad Saghir Khan had moved the high court challenging an FIR registered against him under Sections 124-A, 153, 153-A, 153-B, 505 (1)(b)(c) of Indian Penal Code. 

As per the FIR, Khan on October 27, 2019, made a statement as abovementioned adding that Muslims did not have any hope from the present Government.

However, Khan's counsel had contended that Khan was being unnecessarily harassed by the police and that F.I.R. was one such step. He told the court that Khan had also received two notices under section 107/116 of Cr.P.C. on November 8, 2019 and December 12, 2019 against which he had submitted personal bond and two sureties of heavy amount of Rs.5 lakh adn Rs. 1 Lakh, respectively. 

He had also informed the court that Khan had made a complaint to the State Human Rights Commission before whom an enquiry report was submitted by the Additional Superintendent of Police, Raebareli on July 27, 2020 wherein it was stated that for unlawfully issuing the second notice under section 107/116 of Cr.P.C proceedings for censuring the officer concerned had been initiated.

Therefore, having regard to the overall facts and circumstances of the case, the bench formed its opinion against elements of sedition in Khan's speech and granted him protection. However, Khan has been instructed to cooperate with the investigation in the meanwhile.

Case title - Muhammad Saghir Khan v. State Of U.P. Thru. Prin. Secy. Home Deptt.Lko.& Ors.