SC stays AAP MP Sanjay Singh’s arrest in casteist slur case

A bench of justices Ashok Bhushan and R Subhash Reddy issued notice on Singh’s petition, challenging the action of a trial court in Lucknow which proceeded with the case against him issuing summons without obtaining sanction from the chairman of the Rajya Sabha under Section 196 of the Code of Criminal Procedure (CrPC).

The Supreme Court on Tuesday granted protection from arrest to Member of Parliament (MP) Sanjay Singh of the Aam Aadmi Party (AAP) who is facing multiple criminal cases in Uttar Pradesh for allegedly calling the Yogi Adityanath government ‘casteist’.

Senior AAP leader and Rajya Sabha member Sanjay Singh (Sanjeev Verma/HT photo)

A bench of justices Ashok Bhushan and R Subhash Reddy issued notice on Singh’s petition, challenging the action of a trial court in Lucknow which proceeded with the case against him issuing summons without obtaining sanction from the chairman of the Rajya Sabha under Section 196 of the Code of Criminal Procedure (CrPC).

Senior advocate Vivek Tankha who appeared for the AAP MP said the sanction granted by the Uttar Pradesh governor refers to Section 197 of the CrPC whereas approval ought to have been granted under Section 196 CrPC. Since the petitioner is an MP, permission of the chairman of the Rajya Sabha ought to have been obtained before prosecuting the petitioner, Tankha added.

The bench felt that the issue required consideration and sought response of the UP government in two weeks. The case against Singh in which summons were issued was registered on September 1 last year at Hazratganj police station, Lucknow. Singh was accused of spreading enmity and hatred among groups or communities of society, criminal intimidation under various provisions of the Indian Penal Code (IPC) contained in Sections 153A, 153B, 501, 505(2).

Till the next date of hearing, scheduled in the third week of March 2021, the bench stayed the arrest of the MP. The order said, “In the meantime, we direct that the petitioner be not arrested in Crime No. 221 of 2020 under Sections 153A, 153B, 501, 505(2), IPC registered at P.S. Hazratganj, Lucknow.”

Singh held a press conference last year where he alleged that 63% people surveyed in the state called the government “casteist”. The survey was commissioned by Singh.

Following the press conference, multiple FIRs were registered against the AAP MP. The apex court also issued notice on a separate petition moved by Singh on clubbing the multiple FIRs pending against him across the state arising out of the same incident.

The Aam Aadmi Party (AAP) in a statement said attempts by the UP government to defame their Rajya Sabha MP Sanjay Singh have “miserably failed” with the Supreme Court on Tuesday granting protection to him from arrest over the alleged cases of hate speech.

“With the order of the Supreme Court, it has become clear that the cases registered against Singh by the Yogi government at 13 different locations were entirely baseless. Taking note of this, the Supreme Court has also questioned the non-clubbing of all the cases filed against Singh together,” the AAP said in a statement.

Singh later tweeted saying, “Satyamev Jayate! Hon’ble Supreme Court has issued a notice to the U.P. Government, prohibiting my arrest, I am sure justice will prevail. My respect to @VTankha, he presented my case with sheer honesty and justice.”