Allahabad HC refuses to quash case against man who said BJP-run States target Muslims, trampled Constitution

The Allahabad High Court recently refused to quash criminal proceedings against State President of the Muslim Personal Law Board Noor Ahmed Ajahri over a viral video in which he allegedly said that BJP-ruled States were attempting to intimidate Muslims and had “trampled the Constitution”..Justice Saurabh Srivastava held that at the preliminary stage of the case, the allegations could not be dismissed outright and were sufficient to justify the continuation of criminal proceedings.Noting that the police's allegation that Ajahri's remarks could incite communal hostility and disturb public peace, the Court held that the case could not be quashed at this stage."By bare perusal of the narrations made in the FIR wherein it has been mentioned that 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," observed the Court..The proceedings stem from a first information report (FIR) registered at Puranpur police station in Pilibhit in 2023, which later resulted in a chargesheet and a magistrate’s order summoning the applicant to face trial..According to the prosecution, police had received a video in which Ajahri was commenting on the killing of gangster-turned-politician Atiq Ahmed and his brother Ashraf in April 2023.In the video, Ajahri allegedly claimed that governments in BJP-ruled States were trying to intimidate Muslims and suggested that the killings were the result of a conspiracy under the regime of Uttar Pradesh Chief Minister Yogi Adityanath.He also alleged that the BJP had no faith in the Constitution and had “trampled the Constitution into the ground”..Based on the video, the police registered an FIR alleging that the statements could incite communal sentiments and disturb public order.The FIR initially invoked Section 153A (promoting enmity between different religious, racial, or other groups) and Section 295A (deliberate and malicious acts intended to outrage religious feelings) of the Indian Penal Code (IPC). After investigation, the police filed a chargesheet under Section 505(2) IPC (making statements that promote enmity, hatred, or ill-will between communities)..Ajahri argued before the High Court that he had only expressed his views during a public discussion and that his remarks did not have the criminal intent of promoting hatred or ill-will between communities.He also alleged that the investigation was not conducted fairly. He claimed that the magistrate summoned him to face trial without properly examining the material placed before the court..The State opposed the plea, arguing that Ajahri's claims raised factual issues that could only be examined during trial.Agreeing with the State, the High Court reiterated that while issuing summons or taking cognisance, a magistrate is only required to assess whether there is “sufficient ground for proceeding” and not whether the evidence is sufficient to secure a conviction..Holding that the plea lacked merit, the Court dismissed the petition. However, it observed that the observations made in the order were only preliminary and would not affect the trial court’s assessment of the evidence..Advocates Rajesh Kumar Pandey and Shesh Mani appeared on behalf of the accused. Additional Government Advocate Paritosh Kumar Malviya appeared for the State..[Read Order]