A Lucknow court dismissed a defamation case against CM Yogi Adityanath, stating his remarks in the Legislative Council are protected under Article 194. The court also ruled the complainant had no legal standing.
Thank you for reading this post, don't forget to subscribe!UTTAR PRADESH: In a judgment from a Lucknow court, the defamation case filed against Uttar Pradesh Chief Minister Yogi Adityanath has been dismissed. The case was about a controversial remark made by the Chief Minister during his speech in the Uttar Pradesh Legislative Council in February this year.
The court, under Additional Civil Judge Alok Verma, clearly said that whatever Yogi Adityanath spoke in the Legislative Council is protected under Article 194 of the Indian Constitution.
Because of this rule, such statements cannot be challenged or questioned in any court. The court clearly stated:
“…according to the applicant, the statements in question made by the Chief Minister of Uttar Pradesh were made in the Legislature/Legislative Assembly of the State of Uttar Pradesh, the Chief Minister is granted immunity for the aforesaid statements under Article 194 of the Constitution. Therefore, no proceedings with regard to the statements made by him in the Legislature shall be maintainable before this Court.”
This complaint was filed by Amitabh Thakur, a former IPS officer and the current National President of Azad Adhikar Sena. He claimed that the Chief Minister’s statement had created divisions in society by spreading hate and anger between different groups based on caste, religion, birthplace, language, and community. He said that this could affect the peace and harmony in society.
The statement made by Yogi Adityanath, as quoted in the complaint, was:
“समाजवादियों का चरित्र दोहरा हो चुका है, ये अपने बच्चों को पढ़ाएंगे इंग्लिश स्कूल में और दूसरों के बच्चों के लिए कहेंगे उर्दू पढ़ाओ… उनको मौलवी बनाना चाहते हैं, ‘कठमुल्लापन’ की ओर देश को ले जाना चाहते हैं, ये नहीं चल सकता है…”
(The rough English meaning is: “The character of the socialists has become two-faced. They will send their own children to English medium schools but tell others to study Urdu… They want to turn them into maulvis, want to take the country towards fundamentalism. This cannot be allowed…”)
Amitabh Thakur said in his complaint that these words had insulted the religious feelings of the Muslim community and had defamed them.
But during the hearing, the court made it very clear that only someone who is personally affected or directly harmed by such a statement can file a defamation complaint. Since Thakur himself was not personally targeted or harmed by the remark, the court decided that he had no legal right to file this case.
The court also added that when such defamation complaints are made against high-level public officials like ministers, it is necessary to get permission from the government through a public prosecutor before filing the case. Since Thakur did not take that step, the court ruled that the complaint cannot move forward.
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So, in short, the court has said that the remarks made by CM Yogi Adityanath inside the Legislative Council are protected under the law, and no legal action can be taken for them. Also, since the person who filed the complaint was not directly harmed and did not get proper legal permission, the defamation case was rejected.
What is Article 194?
Article 194 of the Indian Constitution provides powers, privileges, and immunities to the members of State Legislatures (such as MLAs, Ministers, and the Chief Minister) when they perform their duties inside the Legislative Assembly or Legislative Council of a state.
Key Points of Article 194
- Freedom of Speech in the Legislature
Members have the right to speak freely during legislative debates without the risk of being taken to court for what they say.
For example, a defamation case cannot be filed against a statement made during a speech in the Assembly or Council. - Legal Immunity for Legislative Acts
Any speech or action by a member made while carrying out their legislative functions is protected under the law.
This means statements made inside the House cannot be challenged in court. - Privileges of the Legislature
Each State Legislature also holds the power to define and enforce its own privileges, which apply to both members and proceedings within the House.
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Why It Mattered in CM Yogi Adityanath’s Case
Since the remark by Chief Minister Yogi Adityanath was made inside the Uttar Pradesh Legislative Council during an official speech, it is protected under Article 194.
Therefore, the court ruled that no defamation case can be maintained against him for that statement.
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