2007 Hate Speech Case: SC Stays Order for SP Leader Azam Khan Voice Sample Submission

The Supreme Court on Wednesday stayed a Rampur trial court order that had directed Samajwadi Party leader Mohammad Azam Khan to submit a voice sample.

The order was delivered in connection with a case involving alleged hate speech and derogatory language against former chief minister Mayawati in 2007.

The voice sample has been sought to ascertain a comparison with Khan’s recorded speech on a CD, which he delivered during a public gathering in Rampur’s Tanda area back in 2007.

A bench comprising Justice A S Bopanna and Justice P K Mishra issued a notice to both the Uttar Pradesh government and the complainant involved in the case, in response to the plea submitted by Azam Khan.

The bench stated, “Issue notice to the respondent. In the meanwhile, there shall be an interim stay of the direction of the trial court order dated October 29, 2022, and upheld by the high court dated July 25, 2023.”

The Samajwadi Party leader has challenged the order dated July 25 passed by the Allahabad High Court, which had dismissed his plea and upheld the trial court’s order in Rampur.

The complaint was filed by one Dheeraj Kumar Sheel against Khan under the SC/ST Act in 2007 at the Tanda police station. The complaint accused Khan of delivering a hate speech and using derogatory language against BSP supremo and then-chief minister Mayawati.

The case, registered in Rampur, invoked sections 504 (intentional insult with intent to provoke a breach of peace) and 171-G (false statement in connection with an election) of the Indian Penal Code. Additionally, the police had also invoked section 125 of the Representation of Peoples Act and the Scheduled Tribes (Prevention of Atrocities) Act against Khan.