The Allahabad high court on Thursday set aside a chargesheet and cognizance order against activist Kafeel Khan by chief judicial magistrate (CJM), Aligarh in a criminal case that alleged he delivered an incendiary speech during protests against the Citizenship Amendment Act (CAA) and National Register of Citizens (NRC) at Aligarh Muslim University in 2019.
The court said the requisite sanction under section 196 (a) of Criminal Procedure Code (CrPC) for such cases was not taken from the central or state government by the district magistrate or police authorities before filing the charge-sheet.
But justice Gautam Chaudhari made it clear that the chargesheet and its cognizance may be taken by the court after mandatory sanction granted under section 196 (a) of Criminal Procedure Code (CrPC) by the central as well as state government.
Earlier, an FIR was lodged against Khan under section 153A (promoting enmity between different groups), 153B (imputations, assertions prejudicial to national integration), 505 (2) (statement creating or promoting, enmity, hatred or ill-will between classes) and 109 (abetment of offence) of the Indian Penal Code (IPC).
In January 2020, he was arrested and sent to jail. On March 16, 2020, the police submitted a chargesheet before the Aligarh court and the chief judicial magistrate took cognizance of it.
{{/usCountry}}In January 2020, he was arrested and sent to jail. On March 16, 2020, the police submitted a chargesheet before the Aligarh court and the chief judicial magistrate took cognizance of it.
{{/usCountry}}According to section 196(a) of the CrPC, no court shall take cognizance of any offence under section 153A of the IPC except with the previous sanction of the central or the state government or the district magistrate.