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UP court refuses to stay Azam Khan’s conviction
A sessions court in Rampur on Thursday refused to stay the conviction of senior SP leader Azam Khan in a 2019 hate speech case that led to his disqualification from the Uttar Pradesh assembly last month.
A sessions court in Rampur on Thursday refused to stay the conviction of senior Samajwadi Party (SP) leader Azam Khan in a 2019 hate speech case that led to his disqualification from the Uttar Pradesh assembly last month.
The order paves the way for the Election Commission (EC) to hold a bypoll for the Rampur Sadar assembly constituency, which Khan has represented 10 times.
The court heard Khan’s appeal on the direction of the Supreme Court issued on Wednesday. The top court had also asked the EC not to issue a bypoll notification till November 10.
The apex court had said that the bypoll notification can be issued on or after November 11, after the sessions court decides on Khan’s appeal.
The SP leader was convicted on October 27 by the additional chief judicial magistrate, special MP/MLA court, Rampur, in the hate speech case. The court had sentenced him to a three-year prison term.
The next day, the Uttar Pradesh assembly secretariat issued a notice terminating Khan’s membership of the state assembly and declared the Rampur seat vacant.
On November 5, the EC declared the schedule for the Rampur Sadar assembly bypoll, slated for December 5.
However, Khan had moved the Supreme Court challenging the by-election contending that his appeal against conviction was pending before the sessions court in Rampur.
Khan had won the 2019 Lok Sabha election from Rampur but vacated the seat after being elected to the state assembly in March 2022.
He was booked for remarks he made during a speech at a public meeting in Khatanagaria village of Milak Kotwali area on Apirl 9, 2019. The complaint against him was filed by Anil Kumar Chauhan, the then in-charge of the video monitoring team in Rampur parliamentary constituency.
The FIR was lodged under sections 153a (promoting enmity between two groups) and 505-1 (statement conducing to public mischief) of the Indian Penal Code, along with section 125 of the Representation of the People Act 1951.
SP leaders to refused to comment on the order.
