Setback for Akbaruddin Owaisi as Bombay HC Refuses to Quash Case

The Bombay High Court has refused to quash criminal proceedings against AIMIM MLA Akbaruddin Owaisi over remarks made during an election rally in Nanded in 2011. Justice R.M. Joshi dismissed his plea challenging proceedings under Sections 295A and 298 of the IPC and rejected his limitation argument. The Court held that limitation is to be considered from the date of filing of the complaint or initiation of prosecution, rather than the later date on which cognisance was taken.

The Court observed that while Owaisi initially referred to the Allahabad High Court’s Ram Janmabhoomi judgment, some subsequent remarks prima facie appeared intended to mock Lord Ram and his mother and hurt the religious sentiments of believers. The statements appeared “planned”, “predetermined” and “measured”, the Court observed, stressing that elected representatives are expected to exercise greater responsibility. However, the observations are only prima facie findings and do not amount to a declaration of guilt. The trial court will decide the case independently on the evidence.