The Allahabad High Court issued notice to Samajwadi Party Leader Azam Khan (Respondent) in the State Government’s appeal challenging the impugned order of the Appellate Court. The Appellate Court had acquitted Respondent in a Hate Specch matter, which occurred in the 2019 Lok Sabha Elections, for passing derogatory remarks against UP Chief Minister Yogi Adityanath.

Justice Raj Beer Singh observed, “​​Issue notice to the respondent returnable at an early date. Record of the trial court as well as the appellate court be summoned. List on 27.09.2023”

Additional Advocate General P.C. Srivastava with Advocate A.K. Sand and Advocate J.K. Upadhyay appeared for the Appellant/State.

In this case, the Respondent was charged with hate speech for making derogatory remarks under Sections 153A and 505 of the Indian Penal Code (IPC) and Section 125 of the Representation of People Act 1951 (RPA). The Trial Court charged the Respondent and sentenced three years of rigorous imprisonment. The Respondent filed a suit before the Appellate Court challenging the impugned order of the Trial Court, which the Appellate Court overturned and acquitted the Respondent. Therefore, the State Government filed an Appeal before the High Court challenging the order of the Appellate Court.

Accordingly, the Court listed the matter for August 27.

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

Click here to read/download the Order