Allahabad High Court Refuses To Quash Hate Speech Case Against State President Of Muslim Personal Law Board
The Allahabad High Court was considering an application of Noor Ahmed Ajahri seeking the quashing of the case registered under Section 505(2) of the IPC.
Justice Saurabh Srivastava, Allahabad High Court
The Allahabad High Court has refused to quash proceedings against the State President of the Muslim Personal Law Board, Noor Ahmed Ajahri, for his viral video made against the BJP Government, alleging that the death of gangster-turned-politician Atiq and his brother Ashraf was a result of a conspiracy by the Government under the regime of Yogi Adityanath.
The High Court was considering an application challenging the chargesheet and cognisance order, along with the entire proceedings in a case registered under Section 505(2) of the IPC.
The Single Bench of Justice Saurabh Srivastava held, “By bare perusal of the narrations made in the FIR wherein it has been mentioned that applicant is accused of spreading religious excitement and communal feelings among a particular community which has the effect of creating hostility among people. The allegations also suggest that such actions may provoke people, out of hatred towards the government, to engage in rioting and disturbances, which can disturb public peace and order and as such, at this stage, it cannot be said that prima facie, no case is made.”
Advocate Rajesh Kumar Pandey represented the Applicant, while Government Advocate represented the Respondent.
Factual Background
The Incharge Inspector of Puranpur Police Station received a video on his mobile phone wherein the State President of Muslim Personal Law Board, Noor Ahmed Ajahri (accused/applicant) was giving statement against Government of Uttar Pradesh over the death of Atiq and Ashraf by saying that BJP Government ruled State is attempting to intimidate Muslims, and further alleged that the deaths were a result of a conspiracy by the Government under the regime of Yogi Adityanath. It was also stated in the video that the BJP does not have faith in the Constitution, and they have trampled the Constitution into the ground.
On the basis of said viral video, the Inspector lodged an FIR against the applicant, and a case was registered under Sections 153-A, 295-A of the IPC with the allegation that the accused, by his acts and statements, has been inciting religious frenzy and communal sentiments among members of a particular community, thereby creating hostility among the general public. A detailed investigation was conducted, which culminated in the submission of a charge sheet against the applicant under Section 505(2) of the IPC. The Chief Judicial Magistrate took cognisance of the offence and summoned the applicant vide the impugned order.
Reasoning
The Bench noted that the allegations of spreading religious excitement and communal feelings among a particular community may provoke people, out of hatred towards the government, to engage in rioting and disturbances.
The Bench also explained, “At the stage of taking cognisance/summoning, the Magistrate is only required to record a prima facie opinion, based on the material on record, and is not expected to hold a mini trial or to examine the defence of the accused.”
Thus, finding no merit in the application, the Bench dismissed the same.
Cause Title: Noor Ahmad Ajahri v. State of U.P. and Another (Neutral Citation: 2026:AHC:68626)
Appearance
Applicant: Advocates Rajesh Kumar Pandey, Shesh Mani
Opposite Party: Government Advocate