NEW DELHI: A constitution court will not waste its time on a plea whose sole purpose is to make it to “Page 1” of newspapers, the Supreme Court observed on Monday as it registered a criminal case against the Uttar Pradesh Chief Minister. Rejected the request. Yogi Adityanath has allegedly hurt religious sentiments by calling Lord Hanuman a Dalit.
A bench of Justices BR Gavai and Vikram Nath declined to entertain the appeal filed against him, saying, “Such petitions are filed only for the purpose of making page 1 of newspapers…otherwise such There is no merit in the petitions.” An order of the Allahabad High Court in September 2022.
The bench also noted that the petitioner in the case, Nawal Kishore Sharma, is a lawyer by profession, as it remarked that Sharma should not have approached the appellate courts when his complaint was initially disposed of in March 2022. was dismissed by a Magistrate of Mau. Wanted to register a criminal case.
“What is the purpose of filing an appeal after an appeal? The High Court has also imposed costs on you. Do you want us to increase the costs?” The bench asked Sharma’s counsel, who tried to argue that the petition before the Supreme Court sought to raise an important point of law. The fine was imposed by the Allahabad High Court. ₹5000 on Sharma.
Senior advocate Mukul Rohatgi appeared for the state chief minister in the matter. However, the bench told the senior counsel that there was no need for him to argue as the court had no jurisdiction to take cognizance of the matter. “Why are you here? We understand why such applications are filed. We are rejecting it,” he told Rohatgi.
During an election rally in Malkheda in Alwar district in November 2018, Adityanath had said: “Hanuman was a forest-dweller, deprived and a Dalit. Bajrang Bali united all Indian communities from north to south and from east to west.” work of. This was his determination as it was Lord Rama’s wish. Like him we should not rest till we fulfill this wish.
In January 2019, Sharma filed a criminal complaint before a magistrate in Mau, seeking to file a criminal case against the chief minister on charges of hurting religious sentiments and uttering hate speech to defame a Hindu god. demanded.
In March 2022, the Mau Magistrate dismissed the complaint, stating that the Uttar Pradesh court had no territorial jurisdiction to entertain it. An appeal against him was also dismissed by the Sessions Court in April 2022.
After Sharma appealed against the order of dismissal, the Allahabad High Court noted that the only material relied upon by the counsel in his complaint was a newspaper report, which in itself was not legal proof of its content. Can be “Reporting in a newspaper has to be strengthened as to whether it is true or not. It is in itself a secondary evidence and is not admissible unless the person reporting it is examined. Any other person who “That the event has taken place can also be examined to prove the said fact and make it admissible,” the High Court said in its judgment dated September 30, 2022.
Summoning a person is a serious matter and a person cannot be summoned merely by making an allegation against him, the High Court noted, noting that the place of incident is Malkheda in Alwar, Rajasthan and not Mau. A fine was also imposed. ₹5,000 on Sharma for “misusing the process of law”.