Chaini Parwani –
Published On: December 10, 2021 at 10:45 IST
The Gauhati High Court on Thursday overruled a Lower Court Proceedings against senior BJP leader and Rajya Sabha MP Subramanian Swamy.
A Single-Judge Bench of Justice Manish Choudhury pronounced the Judgment by overruling the proceedings at the Court of Chief Judicial Magistrate, Karimganj.
The Court stated “The case, where there is no legal evidence adduced in support of the case, continuance of the criminal proceedings would amount to abuse of the process of the court.”
In 2015 Subramanian Swamy had challenged the proceedings of a Lower Court in Assam’s Karimganj district in Barak valley. The Final Hearing of the Petition was held on November 11. The Court had reserved the Judgment after the Hearing.
Senior Advocate Swamy testified before the High Court as a ‘Petitioner-in-Person’, and was assisted by a Senior Advocate of Gauhati High Court, Bijan Mahajan, and others.
The Case came into light when an Advocate from Karimganj, Tutur Rahman Patikar, filed a First Information Report (FIR) against Subramanian Swamy at the Lower Court for allegedly creating communal disharmony and defaming a particular community while addressing a speech at a function organised by a Private University in Guwahati in March, 2015.
Swamy had allegedly stated that mosques and churches are solely just buildings and can be demolished.