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Upholding lower court's order, the Allahabad High Court recently gave a green signal for the trial proceedings against the Bahujan Samaj Party leader Mewalal Gautam in the criminal case involving the usage of foul language for the women of Bhartiya Janta Party leader Dayashankar Singh’s family.

The Bench of Justice Mohd. Faiz Alam Khan held that there was no illegality in the lower court’s order regarding taking cognizance of the offences under sections 504, 506, 509, 153-A, 34, 149-A of the Indian Penal Code against Gautam and in summoning him to face trial for these offences.

Court, however, added that there was no sufficient ground to proceed under section 11(i) of the Protection of Children from Sexual Offences (POCSO) Act, 2012 against Gautam as there was absolutely no material available that could have attracted the charges of sexual harassment against Gautam pertaining to his alleged comments for Singh's daughter.

The court was dealing with Gautam's application that he had moved with a prayer to quash the order passed by Additional Sessions Judge, Lucknow against him along with the charge sheet and entire ongoing criminal proceedings in the 2016 controversy.

On July 22, 2016, Singh's mother had lodged a complaint against 4 BSP leaders and others (including Gautam) that on the direction of Ms. Mayawati, the BSP Supremo, accused persons had led an unlawful Assembly of BSP workers during which they had abused Singh and asked him to present his daughter, mother, sister and wife before the gathered crowd.

Complainant Treta Devi had also alleged that when her 12-year-old granddaughter watched this incident on television which also involved raising obscene slogans against women of her family, she had to face trauma.

Thereafter, the allegations of FIR were investigated and the charge sheet was filed by the Investigating Officer against 5 persons including Gautam. Following cognizance by the Special Judge, all accused were summoned to face trial.

Against the Additional Sessions Judge's summoning order to face trial, Gautam had come knocking on the high court's doors for relief which the high court rejected.

Background

The matter revolves around the verbal spat that took place between the BSP Supremo, Ms. Mayawati and BJP leader Dayashankar Singh. Following Singh’s alleged derogatory remark against the BSP head, her party members allegedly attacked Singh and his family with equally foul language.

Amidst the controversy, during a demonstration in Lucknow, Uttar Pradesh in 2016 which was allegedly called on behest of Ms. Mayawati, Singh was abused and was asked to present his family's women before the rally. Aggrieved by this incident, Singh’s mother had lodged a complaint in the Police Station Hazratganj, Lucknow.

Singh’s wife, Swati Singh is an MLA and Minister of State (Independent Charge) to the Government of Uttar Pradesh.

Case Title: Mewalal Gautam v. State of UP and Anr.