A Lucknow court has dismissed a defamation complaint filed against Uttar Pradesh Chief Minister Yogi Adityanath over derogatory comments allegedly made against the minority community during a speech in the Legislative Council in February, 2025.
Additional Civil Judge Alok Verma dismissed the complaint on the grounds that since the statements made by the Chief Minister in the Legislative Council were protected under Article 194 of the Constitution of India, the same could not be challenged in a court of law.
Since the remarks were made by the Chief Minister in the Legislative Assembly of the State of Uttar Pradesh, he was granted immunity for the same under Article 194 of the Constitution.
No proceedings with regard to the statements made in the Legislature were maintainable before this Court, it added.
Filed by former IPS officer and current National President of Azad Adhikar Sena Amitabh Thakur, the petition alleged that Chief Minister Adityanath’s remarks had incited hostility and hatred among various sections of society based on caste, religion, place of birth, residence, language and community, thereby disturbing social harmony.
As per the complaint, the Chief Minister allegedly said that the character of the socialists had become two-faced. These people sent their children to English medium schools, while telling others to study Urdu. They wanted to turn these children into maulvis and take the country towards fundamentalism (Kathmullapan), which could not be allowed.
Thakur alleged that the remarks hurt the religious sentiments of the Muslim community and defamed them.
The judge pointed out that only the person directly affected by the alleged defamatory statement could file such a complaint. Since Thakur was not an aggrieved person in this matter, he could not legally maintain a defamation case against the Chief Minister.
The court further noted that when defamation was alleged against high-ranking officials, including a Minister, a complaint could only be filed with prior government sanction through a public prosecutor. The petitioner did not comply with this mandatory requirement, therefore, the defamation complaint against the UP CM was not maintainable, it added.
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