UP court acquits Azam Khan in case related to allegedly spreading enmity

Lucknow, Nov 7 (PTI) A special court on Friday acquitted former Uttar Pradesh minister Azam Khan in a case related to allegedly spreading enmity, misusing an official government letterhead and seal, and making defamatory remarks against the BJP, RSS, and prominent Shia cleric Maulana Syed Kalbe Jawad Naqvi.

Delivering the verdict, Special ACJM (MP/MLA Court) Alok Verma held that the prosecution failed to substantiate the charges with sufficient evidence and that the case itself was barred by limitation.

The court noted that the alleged incident took place in 2014, while the FIR was filed five years later in 2019, making it time-barred under Section 468 of the Criminal Procedure Code (CrPC).

The court also upheld the defence's argument that the complaint was filed by Allama Amir Naqvi on behalf of Naqvi, though the cleric was neither the aggrieved person nor legally entitled to lodge the FIR.

During cross-examination, Naqvi admitted that he had not suffered any defamation himself. Citing Section 199 of the CrPC, the court observed that only an aggrieved individual, or someone legally authorized on their behalf if they are a minor or mentally unfit, can file a defamation complaint.

In its detailed order, the court further stated that the alleged press release, purportedly submitted to the investigating officer by the complainant, was neither part of the case record nor mentioned in the investigation diary.

"After considering all aspects, the court is of the opinion that the charges against accused Azam Khan have not been proven beyond doubt. Hence, he deserves to be acquitted," the judgment said.

According to the prosecution, the FIR was lodged at Hazratganj Police Station on February 1, 2019, alleging that Khan had misused his ministerial position to circulate defamatory content against the BJP, RSS, and Naqvi, damaging their image nationally and internationally. The complaint also claimed that the FIR had initially been suppressed under government influence.

With this order, the court has cleared Khan of all charges in the 2019 case.

Responding to the development, Khan told reporters, "The decision is very honest. I can only pray for the judge and thank him." He went on to add, "On law and order, I will only say that only 'order' has remained. The law should continue to exist in the form of justice as it has happened today." PTI COR CDN ZMN