According to the petition, Yogi's comments had defamed and offended the Muslim community's religious feelings.
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A defamation complaint against Uttar Pradesh Chief Minister Yogi Adityanath for his Kathmullapan comment made in February of this year during a speech in the Legislative Council was dismissed by a Lucknow court.
According to Additional Civil Judge Alok Verma, Yogi's remarks before the Legislative Council are protected by Article 194 of the Indian Constitution and, as a result, cannot be contested in court.
The petitioner claims that the Chief Minister of Uttar Pradesh made the disputed remarks in the State's Legislature or Legislative Assembly. The Chief Minister is protected from prosecution for these remarks under Article 194 of the Constitution. As a result, no procedures pertaining to his remarks before the Legislature may be brought before this Court."
Amitabh Thakur, the current National President of the Azad Adhikar Sena and a former IPS officer, filed the lawsuit. Chief Minister Adityanath's comments were accused of upsetting social harmony by inciting animosity and hatred among different segments of society based on caste, religion, place of birth, domicile, language, and community.
In the complaint, the Chief Minister was quoted as saying:
“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 चणहते हैं, ये नहीं चल सकता है…
(Rough translation: "Socialists' character has become duplicitous. While they advise others to learn Urdu, they will send their own kids to English-medium schools. They want to make them become maulvis and push the nation in the direction of extremism. This is not acceptable.")
Thakur said in his complaint that the Yogi's comments had defamed and wounded the Muslim community's religious feelings.
However, the court made it clear throughout the hearing that the only individual who can bring such a lawsuit is the one who was directly impacted by the claimed defamatory statement. Accordingly, the court determined that Thakur is not a party to the dispute and, as a result, is not entitled to bring a defamation suit against CM.
The court noted that a complaint against a minister or other high-ranking official for alleged defamation can only be made through a public prosecutor with prior government approval. The court determined that the defamation complaint against Yogi could not be maintained since Thakur had failed to comply with this required criterion.
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