Prayagraj (UP), April 10 The Allahabad High Court has refused to quash criminal proceedings against Noor Ahmed Azhari, chairman of the Uttar Pradesh Muslim Personal Law Board (MPLB), over a viral video in which he allegedly said that BJP-ruled states are attempting to intimidate Muslims and have trampled upon the Constitution.
Azhari had also said that the killing of mafia don-turned-politician Atiq Ahmed and his brother Ashraf was part of a conspiracy hatched by the government, adding that the Bharatiya Janata Party-led regime has no faith in the Constitution.
After the video went viral on social media, an FIR was lodged against Azhari at the Puranpur police station in Pilibhit district, and the police submitted a chargesheet against him following an investigation.
The chief judicial magistrate of Pilibhit took cognizance of the chargesheet and issued a summons against Azhari on July 24, 2024, following which he filed an application before the high court, requesting it to quash the summons and the entire criminal proceedings pending against him before the CJM in Pilibhit.
Dismissing the application, Justice Saurabh Srivastava observed, "At the stage of taking cognizance, a court's primary focus is to determine if a prima facie case exists, meaning whether there is sufficient evidence to suggest that an offence has been committed, and not to delve into the merits of the case or the evidence."
"In view of the aforesaid facts and circumstances, the present application being devoid of merit, is hereby dismissed," the judge added.
During the court proceedings, the applicant's counsel contended that his client is the state president of the MPLB and used to participate in television debates to put forward the board's views, and in that capacity, had expressed his view on the assassination of Atiq Ahmed and Ashraf at Prayagraj.
The lawyer further submitted that in his statement, Azhari had not stated any words that fall under the ambit of the offence under section 505(2) (statements creating or promoting enmity, hatred or ill-will between classes) of the Bharatiya Nyaya Sanhita.
It was also argued by the lawyer that without conducting a fair investigation, the investigating officer submitted a chargesheet against the applicant, whereupon, without applying its judicial mind, the court concerned took cognizance of the offence, which amounted to an abuse of the process of law.
The state's counsel vehemently opposed the prayer, saying at the time of taking cognizance, only a prima facie case is to be seen, and the court is not expected to hold a mini-trial.
Refusing to interfere in the matter, the high court, in its recent decision, pointed out that according to the FIR, the 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 out," the court said.