SP MLA Abu Azmi moves Bombay High Court to quash FIRs lodged for praising Aurangzeb

Samajwadi Party MLA Abu Azmi has moved the Bombay High Court seeking directions to quash criminal cases filed against him in connection with his controversial remarks praising Mughal Emperor Aurangzeb in the Maharashtra Legislative Assembly..A trial court had earlier granted him anticipatory bail in the matter. Today, a Bench of Justices AS Gadkari and Rajesh Patil issued notice on two pleas filed by Azmi, seeking directions to quash the first information reports (FIR) filed in the case. The matter will be heard next after four weeks..Azmi's controversial remarks, which sparked a political storm, were made when he was questioned by the media on March 3 during the budget session of the assembly. Azmi stated allegedly said that "Aurangzeb was a good administrator". He further said that "During his reign, India was called 'A Golden Sparrow,' and the country's GDP was 24%, which is why the British came to India." He further said that the ruler did not take a single rupee from the administration and that during his regime, India's borders extended to Burma and Afghanistan.Azmi went on to further assert that Aurangzeb's army included Hindu commanders, and the battles fought by him were not between Hindus and Muslims, which he claimed had been misinterpreted. His remarks, however, were criticized for allegedly hurting the religious sentiments of the Hindu community. Following these comments, Azmi was suspended from the Maharashtra Assembly. .Further, in his remarks to the media, Azmi also pointed out that the ruling political party in India was seeking to create a divide between Hindus and Muslims and their actions were aimed at "destroying the Muslims in this country."These statements were met with backlash. Many felt that by praising Aurangzeb who had destroyed many Hindu temples, Azmi had not only hurt the religious sentiments of Hindus but had also defamed the ruling political establishment.Azmi was booked for offences under Sections 299 (deliberate insult to religious beliefs), 302 (hurting religious feelings), and 356(1) and 356(2) (defamation) of the Bharatiya Nyaya Sanhita, 2023 (BNS), which govern offences related to religious sentiments and defamation.Azmi claimed that the media misrepresented his statements and continued to assert his innocence. He also called for the revocation of his suspension from the Assembly..Azmi's petitions before the High Court now seek the quashing of the FIRs filed against him at the Marine Drive and Thane Police Stations over his controversial comments.The petition filed through Advocate Mubin Solkar says,"The FIR does not disclose the basic ingredients of the alleged offences; there is no whisper in the FIR that the Applicant (Azmi) made the statements with the malicious intent of hurting the religious sentiments of any community. The FIR is politically motivated, and is an abuse of process of law.".Follow Bar and Bench channel on WhatsAppDownload the Bar and Bench Mobile app for instant access to the latest legal news.