Allahabad HC stays action against Owaisi

Prayagraj (Uttar Pradesh), March 26 The Allahabad High Court has directed the Uttar Pradesh government not to take any coercive action against All India Majlis-e-Ittehadul Muslimeen (AIMIM) chief Asaduddin Owaisi till April 24 in a case pertaining to his controversial remarks against the Supreme Court.

After the apex court verdict in the Ram Janmabhoomi-Babri Masjid title dispute in 2019, Owaisi had reportedly said that the Supreme Court is supreme "but not infallible".

Justice Rajiv Gupta of the Allahabad High Court passed the order in a plea filed by Owaisi under Section 482 of the CrPC challenging the summoning order issued by the CJM court, Siddharth Nagar, Uttar Pradesh.

Owaisi's counsel argued that he is being prosecuted for the offence under Section 153 (A) of the Indian Penal Code, but necessary sanction from the authority concerned, as contemplated under Section 196(1) CrPC, had not been taken and as such, the entire proceeding was 'bad' in the eyes of law.

The single-judge bench opined that the matter required consideration and issued notices to the complainant in the matter and fixed April 24 as the next date of hearing in the case.

The court observed, "Till then, no coercive action shall be taken against the applicant in the complaint case (MP/MLA) No. 566 of 2022 (Rakesh Pratap Singh Vs. Asaduddin Owaisi and Another), under Sections 153-A, 295-A, 298 IPC, Police Station Shohratgarh, district Siddharth Nagar, pending in the court of Chief Judicial Magistrate, Siddharth Nagar."