The Allahabad High Court has upheld a Rampur MP/MLA court's order from October 29, 2022, which requires former MP Azam Khan to provide his voice sample in a 2007 hate speech case. The court's decision paves the way for the collection of Khan's voice sample for forensic examination.
The hate speech case involves allegations against Azam Khan, who was a Member of the Legislative Assembly and a Samajwadi Party leader, for making derogatory remarks during a public meeting in the Tanda area, Rampur, on August 7, 2007. The words used in the speech were deemed offensive and hurtful to the sentiments of a particular community, and it was alleged that the act violated the model code of conduct issued by the Election Commission.
Azam Khan's counsel argued that the audio cassette containing the speech could not be relied upon as electronic evidence without the mandatory certificate under Section 65B of the Indian Evidence Act. The state government's counsel, however, contended that the court had the authority to order the voice sample collection to ascertain the veracity of the cassette.
The High Court, in its ruling on July 25, stated that the matter should be resolved through a separate platform, emphasizing that disputes between government entities should not burden the courts. It directed the court below to obtain a certificate under Section 65B from Sanjay, who recorded the event and then proceeded to collect Azam Khan's voice sample.
The hate speech case against Azam Khan was registered on August 8, 2007, based on a complaint alleging offensive remarks that hurt the sentiments of a community. The case involves charges under various sections of the Indian Penal Code, the Representation of Peoples Act, and the Scheduled Tribes (Prevention of Atrocities) Act.
Azam Khan's appeal to recall the trial court's order was rejected on November 22, 2022, leading him to challenge the order in the Allahabad High Court.
As of now, Azam Khan is facing several other cases on different charges, including land-grabbing, cheating, and criminal trespass, in Rampur. He has been convicted in three cases in the past six months, with one appeal against a lower court judgment resulting in his acquittal. The state government has filed an appeal against this acquittal in the High Court.
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