Samajwadi Party leader Azam Khan convicted in 2019 hate speech case, gets 3-year jail term

During the 2019 Lok Sabha poll campaign, Azam Khan had used harsh words against the then Rampur district magistrate Aunjaneya Kumar Singh, chief minister Yogi Adityanath, Prime Minister Narendra Modi and Congress candidate Sanjay Kapoor.

Azam Khan was present in court when additional chief judicial magistrate (MP/MLA court) Nishant Maan pronounced the sentence.

“This was the maximum punishment in this case and bail was a mandatory provision,” Azam Khan said to the media outside the court.

“I have firm belief in justice,” he said.

Azam Khan, who has been elected to the Uttar Pradesh assembly from Rampur 10 times, parried all questions about losing membership of the state assembly with this conviction.

The Representation of the People Act says that anyone sentenced to imprisonment of two years or more shall be disqualified “from the date of such conviction” and remain disqualified for another six years after serving time in jail.

The Speaker can start the disqualification proceedings either suo motu or after receiving an application on this.

The Rampur court convicted Khan under section 153-A (inciting religious feelings) and 505-A (making a false statement intended to create feelings of hatred or animosity) under the Indian Penal Code. He was also found guilty under section 125 (promoting animosity between different classes) of the Representation of the People Act.

“After conviction by the trial court and pronouncement of prison term of two years or more, an MLA or MP loses membership of the state assembly or Parliament as the case may be,” said Gyan Singh Chauhan, senior advocate of the Lucknow bench of the Allahabad high court.

An FIR was lodged against Azam Khan at the Milak Kotwali police station in Rampur on April 9, 2019 on the complaint of Bharatiya Janata Party (BJP) leader Akash Saxena for the provocative speech.

Khan was booked for making the hate speech while addressing a public meeting in Khatanagaria village of Milak Kotwali area. The speech had gone viral on social media.

Azam Khan had won the 2019 Lok Sabha election from Rampur. He vacated his Lok Sabha seat after being elected to the state assembly in March 2022.

Azam Khan had won the 2022 assembly election from Rampur while being lodged in Sitapur prison.

Deputy chief minister Keshav Prasad Maurya welcomed the court order, saying those in public life should maintain decorum in their language while speaking against opponents.

“Azam Khan’s political history is known for making poisonous speeches against the BJP and society,” he tweeted.

“Azam Khan is getting paid for his deeds. When the Samajwadi Party was in power, Azam Khan had committed atrocities. Now, he will be brought to justice,” said BJP spokesperson Rakesh Tripathi.

“Won’t comment on the verdict. But many top BJP leaders during the polls had made hate speeches. None faced such consequences. Azam Khan saab had been a victim of injustice and vendetta politics,” said a senior SP leader requesting not to be named.

Azam Khan was released from jail earlier this year after the Supreme Court granted him interim bail in a cheating case. He spent nearly two years in jail.

The Samajwadi Party leader faces nearly 90 cases, including that of corruption and theft.