The Allahabad High Court has declined to quash criminal proceedings against a senior leader of the Muslim Personal Law Board in Uttar Pradesh, holding that the matter requires trial and cannot be dismissed at the current stage.
Justice Saurabh Srivastava observed on March 16 that allegations against Noor Ahmed Azahri could not be rejected outright, especially given claims that his remarks had the potential to create communal tension.
The court noted that police allegations suggested Azahri’s statements could incite hostility between communities, which requires examination during trial rather than at the quashing stage.
Case Based on Alleged Video Statement
The case originates from a 2023 video reportedly received by police, in which Azahri is said to have commented on the killing of gangster-politician Atiq Ahmed and his brother Ashraf Ahmed.
The two were shot dead in April 2023 while in police custody in Prayagraj during a medical escort, an incident that drew nationwide attention.
Police allege that Azahri described the killings as part of a conspiracy by the Uttar Pradesh government and made remarks accusing the ruling party of undermining the Constitution.
FIR and Chargesheet
An FIR was registered in 2023 at the Puranpur police station under provisions related to promoting enmity between communities.
A chargesheet was later filed under Section 505(2) of the Indian Penal Code, which deals with statements that promote hatred or ill-will between groups.
Petition for Quashing Rejected
Azahri challenged the proceedings, arguing that his comments were part of a public discussion and did not meet the legal threshold for criminal liability. He also questioned the fairness of the investigation and the magistrate’s decision to summon him.
However, the High Court held that it could not conclude there was no prima facie case against him, and therefore refused to quash the proceedings.
