Tanisha Rana
Published on: November 10, 2022 at 21:38 IST
On Thursday, a Sessions Court in Rampur, Uttar Pradesh (UP), declined to overturn Samajwadi Party Leader Azam Khan’s conviction in a hate speech case against him that resulted in his disqualification from the UP State Assembly.
On October 27, Azam Khan was found guilty in connection with his inflammatory speeches by the Additional Chief Judicial Magistrate, Special MP/MLA Court, Rampur, and given a three-year prison sentence.
The very following day, the UP Assembly issued a notice declaring that his seat, the Rampur Sadar seat, was now vacant as a result of his conviction.
In a subsequent press release, the Election Commission announced the date for bye elections in five assembly districts across many States, including the Rampur district.
Khan subsequently filed an appeal with the Sessions Court, which granted him interim bail but scheduled his plea for a stay of conviction for November 15.
Khan then petitioned the Supreme Court, which on Wednesday ordered the Election Commission of India to postpone the announcement of the Rampur bye-election until Friday, November 11, so Khan could request a stay of the conviction that resulted in his disqualification from the seat.
According to the Representation of the People’s Act, anyone who receives a sentence of two years or more is ineligible “from the date of such conviction” and is prohibited from running for office for six years following their release from jail.
The top court also instructed the Sessions Court to have an earlier hearing and decide today on Khan’s request for a stay of execution.
The Sessions Court heard the case in accordance with that today before dismissing the plea.
On April 9, 2019, a case was filed against Khan in Rampur for allegedly making provocative remarks about then- District Magistrate IAS Aunjaneya Kumar Singh and UP Chief Minister Yogi Adityanath.
The charges were filed under Sections 153A and 505-1 of the Indian Penal Code (IPC) and Section 125 of the Representation of the People Act.
Khan is no longer eligible to serve in the state legislature or as a member of Parliament as a result of the sentence.
Khan was granted interim relief by the Supreme Court in a case involving alleged cheating, and he was subsequently freed from the Sitapur jail earlier this year.
Over 90 allegations, including theft and corruption, are brought against the SP leader.