Allahabad High Court: While deciding the case where a writ of quo warranto was issued against Mohammed Azam Khan, who is Cabinet Minister of State of U.P. for holding office of profit as Chancellor of Mohammad Ali Jauhar University, Rampur which entitled him of salary, allowances and other prerequisites attached to the office, the division bench of D.P. Singh and A.K. Tripathi (II), JJ issued the notice to the respondent as the averments made in the affidavit ware not denied by the respondent. The Court further held that a person holding the office of profit could not be appointed as Cabinet Minister.
The petitioner who was represented by Asok Pande also prayed for lodging FIR against respondent on account of hate speeches given by him, on the other hand respondent, who was represented by Bulbul Goldiyal and A.N. Trivedi, argued that petitioners have not lodged the FIR with regard to alleged hate material. The Court though found the contents of the press release derogatory and observed that a person holding constitutional post is expected to respect all persons of other sects, community or religion equally, but affirmed the contention of the respondent on the basis of decision of Supreme Court in Pravasi Bhalai Sangathan v. Union of India 2014 SCC OnLine SC 221 which held that prime remedy available to person aggrieved by hate speeches is to approach under the remedy provided under the penal law
The Court finally issued the notice to respondents and directed them to file a counter affidavit within six weeks containing reply to the writ petition. Raza Husain v. Md Azam Khan., Misc.Bench No. – 8580 of 2014, Decided on 25.09.2014
To read the full judgment, refer SCCOnLine
