On February 9, Justices Ashok Bhushan and Subhash Reddy granted Aam Aadmi Party (AAP) leader Sanjay Singh protection from arrest in all hate speech FIRs against him and issued notice to the State on why FIRs should not be clubbed.

Since Singh is a Member of Parliament (Rajya Sabha, the top court said that the Uttar Pradesh government can approach the Chairman, Rajya Sabha for sanction for prosecution under section 196 of the Code of Criminal Procedure. The Bench also highlighted the nature of the issue and said, “The matter needs to be finally decided on the next date. List the matter in the third week of March, 2021.”

According to the Indian Express, during the hearing, Senior advocate Vivek Tankha and advocate Sumeer Sodhi (appearing for Sanjay Singh), said that no procedures were followed by the police in lodging the case and sanction to prosecute the Rajya Sabha MP was also not taken. The Bench said that it will not get into the sanction aspect at this moment but it does not mean that no offence has been made out against Singh.

Last year, Sanjay Singh was charged under sections 153A, 153B, 501, 505(2) of the Indian Penal Code in Lucknow, wherein he had alleged that the state government was favouring one particular caste over the others at a press conference. LiveLaw reported that he had merely raised certain social issues, namely neglect and apathy of the government towards a certain class of society.

Thereafter, multiple FIRs were registered against him at the instance of the BJP members in various police stations in different districts of Uttar Pradesh. According to LiveLaw, Sanjay Singh said that the writ petition has been filed by him for direction to quash the FIRs registered against him, as these are “manifestly attended with malafide and have been maliciously instituted to unleash political vendetta against the petitioner and to harass him.”

The matter will tentatively be listed in March and the apex court issued directions: “In the meantime, we direct that the petitioner be not arrested in Crime No. 221 of 2020 under Sections 153A, 153B, 501, 505(2), IPC registered at P.S. Hazratganj, Lucknow. Counter affidavit be filed within two weeks.”

The order may be read here:

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Rajya Sabha MP and Aam Aadmi Party (AAP) leader Sanjay Singh has for the past few days been alleging that  the Adityanath-led BJP government in Uttar Pradesh has charged him with Sedition, and confirmed that he has received a copy of the charges. Singh had raised the issue in Rajya Sabha too where in an impassioned speech he alleged that he had been targeted and charged by the UP CM for speaking out against the law and order problems in the state. He said as many as 13 charges have been made against him in the past three months. 

On Friday, Singh announced that he now had the support of 37 Members of Parliament, from 12 parties, who have written to RS Chairman. Singh said that the RS Chairman “gave an assurance of action to the House.”

मेरे ऊपर “देशद्रोह” के मामले में 12 दलों के 37 सांसदों ने मा.सभापति जी को पत्र लिखा सभापति जी ने सदन को कार्यवाही का भरोसा दिया,

कॉंग्रेस ,एन. सी. पी., शिव सेना ,आरजेडी, समाजवादी पार्टी , डीएमके ,सीपीएम , सीपीआई , टीएमसी,अकाली ,टीडीपी , टीआरएस के 37 सांसदों का साथ pic.twitter.com/22IcVpNHay

— Sanjay Singh AAP (@SanjayAzadSln) September 18, 2020

Singh  alleged that Adityanath has called him “a ‘deshdrohi’ (traitor). In three months, there are 13 cases against me. There haven’t been so many cases against any mafia in Uttar Pradesh,” Singh told the media at a press conference in Delhi. He said he is ready to ‘court arrest, and will “leave for Lucknow on September 20 and surrender before the court.” Adding, “What is my crime? I asked this question to the honourable Chair in the House today. I am happy to say that 37 MPs supported me and the Chair assured the House that the entire matter will be investigated.”

According to Singh he has been charged with sedition “because I raised my voice on the violence and atrocities against Brahmins and Dalits in UP. Because I raised my voice against rampant corruption in the purchase of Corona kits in the times of a pandemic.” Singh, who has risen fast from city politics to representing the AAP in the Upper House, said Adityanath was abusing his political powers. “You must have heard several stories about the abuse of political power. I want to apprise you that the Uttar Pradesh government under Shri Yogi Adityanath has now filed a sedition case against me. I have given my whole life for the welfare of people but today the UP government is claiming that I am an anti-national. The Yogi government has filed 13 FIRs against me in the last 3 months. They have not filed 13 FIRs against any of the UP mafias in this period, but they have filed these FIRs against me,” he said.

Singh said, he raised his voice against the “atrocity of Brahmin and Dalits in UP,” and added that “every section and community is unhappy with the Yogi government. In Uttar Pradesh, the BJP led government under Shri Yogi Adityanath is torturing the people of Brahmin community. Atrocities are going on against the people from Maurya community, Nishad, Bind, Kashyap, Jaat, Gujjar, Valmiki, Kurmi, Yadav and other communities. I raised the issue of the killing of journalist Shri Vikram Joshi and others. I have also raised the issue of massive corruption by the Yogi government in buying Corona kits,” he alleged.

According to Singh, he has shown how the UP government is “buying Rs 800 Oximeter for Rs 5,000” and thermometers which are locally available for Rs 1,600 have been “purchased at Rs 13,000”, alleging corruption by UP government.

Sanjay Singh has alleged that the UP govt first registered a case under IT act, and after he raised the corruption issue, in Rajya Sabha, they filed a “sedition case yesterday evening against me”. He added that on September 20 he “will join the Rajya Sabha and from there I will travel to Lucknow to surrender in front of police. I know that the Yogi government will arrest me on September 20.”

He added that MPs from Congress, TMC, SP, Shiv Sena, RJD, TRS, TDP, DMK, Akali Dal, NCP and others have supported him and written a letter to RS Chairman, asking for a thorough probe. 

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