Refusal to quash criminal proceedings against leader of Muslim Personal Law Board, know what was the whole controversy?:

Prayagraj In an important decision, Allahabad High Court has refused to grant relief to Uttar Pradesh President of Muslim Personal Law Board, Noor Ahmed Azhari. The court rejected a plea to quash the criminal proceedings against Azhari over a controversial video. A bench of Justice Saurabh Srivastava made it clear that at this early stage of the case the allegations cannot be completely dismissed and there are sufficient grounds to continue the proceedings.

Root of controversy: What was in the viral video?

This whole matter is of April 2023, when gangster turned politician Atiq Ahmed And his brother Ashraf was murdered in police custody. After this incident, a video of Noor Ahmed Azhari went viral.

Blame: According to the police, in the video Azhari had claimed that the governments of BJP ruled states were trying to intimidate Muslims.

Conspiracy Claim: He reportedly said that the murder of Atiq-Ashraf was a conspiracy hatched during the reign of Chief Minister Yogi Adityanath.

Comment on the Constitution: Azhari had alleged that the BJP has no faith in the Constitution and has trampled democratic values.

Court’s strict comment: ‘Allegation of inciting religious sentiments’

While perusing the FIR and the charge sheet of the police, the High Court said that Azhari is seriously accused of inciting religious incitement and communal sentiments in a particular community.

“The comments of the applicant prima facie appear to create hatred towards the Government and incite people to riot or disturbance. This is likely to cause disturbance of public peace and order.” — Allahabad High Court

Legal clauses and Azhari’s logic

Earlier, IPC sections 153A (promoting enmity) and 295A (hurting religious sentiments) were imposed in this case registered at Puranpur police station in Pilibhit. Later the police filed a charge sheet under Section 505(2) (hate speech).

Azhari’s defence: He argued that he had merely expressed his views in public discussion and had no criminal intention. He had also challenged the magistrate’s summoning order.

Court’s decision: The court accepted the state government’s argument that factual issues can be investigated in depth only during ‘trial’ (trial), hence the petition has no merit.

Another decision: ‘Registering a false case is not instigation to commit suicide’

Meanwhile, Allahabad High Court has made another big comment regarding marital disputes. The court, while giving relief to a wife, said that if the wife or her relatives file a legal case against the husband, then it cannot be considered as ‘Abetment to Suicide’. The Court held that exercising legal authority does not amount to forcing someone to commit suicide.