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"Modi-ji is akin to a God to BJP Hindus and speaking against him hurts our religious feelings" - BJP FIR against Congress leader for criticizing Modi

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Modi - Adani Love Affair Remark: Supreme Court rejects plea by Congress leader to quash hate speech case​

A bench of Justices Aniruddha Bose and Bela M Trivedi noted that the probe was still on and the Allahabad High Court had rejected the argument of an offence under Section 153A IPC not being made out.
PM Modi, Gautam Adani and Supreme Court

PM Modi, Gautam Adani and Supreme Court
Bar & Bench


Published on :
16 Sep 2023, 7:31 am

2 min read
The Supreme Court recently refused to quash a case of hate speech registered against Uttar Pradesh Congress leader Sachin Chaudhary who, in a press conference, had alleged a love affair between Prime Minister Narendra Modi and industrialist Gautam Adani [Sachin Chaudhary vs State of Uttar Pradesh and ors].
A bench of Justices Aniruddha Bose and Bela M Trivedi noted that the probe was still on, and the Allahabad High Court had also rejected the argument that an offence under Section 153A of Indian Penal Code (IPC) was not made out.
The top court was hearing an appeal against an order of the Allahabad High Court which had refused to quash the criminal complaint against Chaudhary under Section.
The issue arose after a Bharatiya Janata Party (BJP) youth wing leader lodged a complaint that during his interaction with the press in Sambhal, Chaudhary had used derogatory words against the Prime Minister (PM).
The complainant stated that the PM is akin to a God to him and other BJP members. Their feelings along with those of Hindus had been hurt, it was alleged.
The High Court refused to quash the case observing that the offence alleged falls under Section 153A and Section 505(2) (statements creating or promoting enmity, hatred or ill-will between classes) of the IPC.
This led to the appeal before the top court.
The petitioner contended that even if the allegations in the FIR are true, it would not constitute an offence under Section 153A of the IPC.
The Supreme Court, however, refused to interfere saying,
"This argument of the petitioner has been summarized in the order of the High Court, in which the quashing plea of the petitioner has been rejected. The law enforcement agency is still investigating the alleged commission of offences and they ought to decide on future course of action after completion of investigation. At this stage we do not think it is a fit case for interference," the top court said.
Advocates Rakesh Kumar Verma, Vijendra Kumar Verma, Yogendra Kumar Verma, VK Shukla, Rahul Singh, Riya Soni, Abhaya Nath Das, Gulam Rabbani, Arina Bhattacharjee, Kaivalya C Ratnaparkhe, and Satish Kumar represented Sachin Chauhdary.

 

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