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UP Politics: District Magistrate coerces complaint against Azam Khan, claims plaintiff

| May 26, 2023, 02:22:30 PM | TOI.in
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MP-MLA sessions judge Amit Veer Singh has overturned the three-year prison sentence awarded to senior SP leader Azam Khan in the "hate speech" case. The judge based the judgment and subsequent "acquittal" on the statement of complainant Anil Kumar Chauhan, a government employee, who became the pivotal factor in the case. In the judgment on Wednesday, the court pointed to Chauhan’s statement which said: “I had registered a complaint under the pressure of the district election officer.” The court observed Azam and his family had a “sour” relationship with the then district magistrate Aunjenaya Kumar Singh. The court order stated the comments were made on the then DM, who could have lodged a criminal complaint or filed a civil suit, but “instead he put pressure on Chauhan to lodge a complaint”. Remarkably, the court highlighted that the essential components of the alleged crime, encompassing IPC sections 153-A, 505-1, and section 125 of the Representation of People Act, 1951, were entirely absent from the complaint. The court took references of past Supreme Court rulings and said that the basic compliance of Section 65-B of Evidence Act was not followed. Regarding “hate speech” it was said by the SC in Pravasi Bhalai Sangathan vs Union of India judgment that mere use of “unparliamentary” language doesn’t fall in hate speech category. While acknowledging that Azam Khan used unparliamentary language, the court asserted that no communal remarks or statements inciting violence were made. Furthermore, it criticized the lower court's verdict on October 27, 2022, highlighting numerous errors and recommending its dismissal.

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