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In a relief to senior Uttar Pradesh minister Azam Khan, the Allahabad High Court on Thursday refused to accept a plea for issuing directions for lodging of an first information report (FIR) against him over an alleged hate speech.
The Lucknow Bench of the court also refused to issue a quo warranto (right to hold an office or governmental privilege) against him in the matter.
However, the court issued a notice to Azam and sought a reply from him within six weeks on whether, being a state Cabinet minister, he can hold the office of the chancellor of Maulana Mohammad Ali Jauhar University.
A division Bench of Justices Devi Prasad Singh and Arvind Kumar Tripathi passed the order on a writ petition filed by two persons seeking a direction in the nature of quo warranto against Azam asking him to explain.
A direction was also sought in the plea for lodging of an FIR against the minister in connection with an alleged hate speech by him targeting a cleric.
The petitioners' counsel, Ashok Pandey, said despite being a Cabinet minister, Khan was holding the post of Chancellor of Jauhar University, which is an office of profit and, hence, against the law.
On behalf of the state government, Additional Advocate General Bulbul Godiyal said the petition was not maintainable and that the writ of quo warranto could not be issued in the matter of an alleged hate speech. Godiyal also submitted that Khan does not come under the purview of office of profit as the chancellor.
The court has given six weeks' time to Khan and the government to file their response in the matter. The petitioners may file their rejoinder affidavit within two weeks thereafter. The court fixed the next date of hearing after two months.
