Naqvi's conviction for breach of poll code quashed

Prosecution failed to prove ingredients of IPC sections imposed on the Union MoS.

Union Minister of State for Parliamentary and Minority Affairs Mukhtar Abbas Naqvi’s conviction by a trail court in Rampur, for violating poll code in the run-up to the 2009 Lok Sabha elections, was quashed by the city District Court on Saturday. 

Mr. Naqvi was given one year jail term in January by the trial court. He was immediately granted bail by the court. He went into appeal against the trial court order in the district court which stayed his conviction till the disposal of the case.

The district judge Pradeep Kumar in his order said that the prosecution “failed” to prove the ingredients of the Indian Penal Code sections imposed on Mr. Naqvi. 

In the case of violation of prohibitory ordered in 2009 the BJP vice-president was booked by the Rampur police under Sections 143 (unlawful assembly), 341 (wrongful restraint) and 342 (wrongful confinement) of the Indian Penal Code, Section 7 of the Criminal Law Amendment Act and Section 144 of the Cr.PC. The trial court had found him guilty under the above mentioned sections of the IPC. 

 “The criminal appeal filed by the appelant Mukhtar Abbas Naqvi is allowed and judgment and order on January 14 passed by Additional Chief Judicial Magistrate Rampur against Mr. Naqvi is set aside,” said District Judge Pradeep Kumar while setting aside Mr. Naqvi’s conviction.

“ Naqvi is acquitted for offence punishable under Sections 143 (unlawful assembly), 341 (wrongful restraint) and 342 (wrongful confinement) of the Indian Penal Code, Section 7 of the Criminal Law Amendment Act and Section 144 of the Cr.PC,” he added.

Mr. Naqvi who was present in the court, welcomed the district court order and said, “The verdict is victory of freedom of speech and expressions guaranteed under the constitution. The fake and frivolous FIR was filed by the police officials under the political influence of their bosses,” he said. 

According to the Rampur police, Mr. Naqvi’s convoy had been stopped for a security check, which was opposed by the local BJP workers. Subsequently, party workers staged a sit-in outside the police station and even tried to barge in. Mr. Naqvi had addressed the protesters. The police booked Mr. Naqvi along with 19 others for unlawful assembly.