The Allahabad High Court has quashed the criminal prosecution against former Union Minister Salman Khurshid in a 2019 case for his alleged indecent remark against Chief Minister Yogi Adityanath.
A Single Bench of Justice Dinesh Kumar Singh passed this order while hearing an application under section 482 filed by Salman Khurshid.
The application under Section 482 CrPC has been filed seeking quashing the charge-sheet dated 06.08.2019 as well as the cognizance/summoning order dated 03.09.2019 and the proceeding of Sessions Trial, arising out of Case under Sections 153 A, 171-G IPC and Section 125 of the Representation of the People Act, 1951, Police Station Farrukhabad Kotwali, District Fatehgarh, pending in the court of Special Judge (SC/ST Act), Farrukhabad.
During the electioneering for Lok Sabha Election 2019, the petitioner made the statement in response to question being put by the journalists in respect of the statement of Sri Yogi Adityanath, the Chief Minister of Uttar Pradesh, in which Sri Yogi Adityanath allegedly said that the petitioner was sympathizer of Batla House accused/terrorists. The said incident was an encounter which took place in the year 2008 in which some terrorists were killed as well as one police inspector was also shot dead by the terrorists.
It is said that the petitioner made an indecent remark against the Chief Minister, Sri Yogi Adityanath, which would read as under:- “Rishte me ham unke Baap Lagte hai”
Counsel for the petitioner submitted that the statement was made in a lighter vein which is a famous dialogue of movie “Shahanshah” without any intention to be disrespectful to the Chief Minister, Sri Yogi Adityanath. The petitioner has no intention to hurt and insult feelings and sentiments of any one, including, Sri Yogi Adityanath.
It is further submitted that the petitioner is a veteran Politician, Senior Advocate, Ex-Member of Parliament as well as ExUnion Cabinet Minister and enjoys a good image in society.
Once the petitioner has regretted his comments/statement and has made it clear that he never intended to hurt the feelings and sentiments of anyone or Sri Yogi Adityanath and he made the said statement only in the lighter vein while responding to some questions put up by journalists, I am of the view that the impugned proceedings should be quashed.
The Court observed that,
Sometimes, in a spur of moment, a person utters something with no intention to hurt feelings and sentiments of others, and if such person regrets for making such a statement, the Court should take a larger view of the matter and quash the proceedings. “Regret is a tough but fair teacher. To live without regret is to believe you have nothing to learn, no amends to make, and no opportunity to be braver with your life.”
The petitioner has regretted his offending comment which means that he still has appetite to learn and be brave in life.
In view of the affidavit submitted by Salman Khurshid and considering overall facts and circumstances of the case, the context in which he uttered the offending sentence, and his regret for his comment, I am of the view that the continuation of the impugned proceedings against Salman Khurshid would not be justified.
Thus, the Court allowed the petition and the entire proceedings of Sessions Trial, arising out of Case under Sections 153 A, 171-G IPC and Section 125 of the Representation of the People Act, 1951, Police Station Farrukhabad Kotwali, District Fatehgarh, pending in the court of Special Judge (SC/ST Act), Farrukhabad, are hereby quashed.