SC refuses to interfere with FIR against UP Cong leader for making controversial remarks on PM, Adani

NEW DELHI: The Supreme Court recently upheld the decision of the Allahabad High Court refusing to quash the criminal case lodged against a Congress leader by the Uttar Pradesh Police over his controversial remarks alleging "a love affair" between the Prime Minister and industrialist Gautam Adani.

A bench comprising Justices Aniruddha Bose and Bela M. Trivedi said that it is not a fit case for interference as state police are still probing the alleged commission of offences.

“The allegations against the petitioner are of making abusive and derogatory comments about holder of a high office…At this stage we do not think it is a fit case for interference,” said the bench on Monday while dismissing the special leave petition filed against the order of the Allahabad High Court.

Earlier, a bench of Justices Anjani Kumar Mishra and Nand Prabha Shukla of the High Court had refused to quash the FIR lodged under Sections 153-A (promoting enmity between different groups) and 505(2) (statements conducing to public mischief) of Indian Penal Code, 1860.

The High Court had clarified that its refusal to quash FIR will not prejudice to the right of the petitioner to apply for bail or anticipatory bail.

The state government had contended that the alleged statements were prejudicial to the maintenance of harmony between groups or communities and had the potentialities of disturbing communal harmony and public tranquility.

An FIR was registered against Youth Congress state secretary Sachin Chaudhary in April this year in Uttar Pradesh’s Sambhal district for making controversial remarks alleging "a love affair" between the duo during a press conference".