A special MP/MLA court in Lucknow has dismissed a defamation complaint filed against Uttar Pradesh Chief Minister Yogi Adityanath for his controversial ‘Kathmullapan’ remark made during a speech in the Legislative Council earlier this year.
Additional Civil Judge (Senior Division) and ACJM Alok Verma held that the statement, made on the floor of the House, is protected under Article 194 of the Constitution of India, which grants legislators immunity for anything said within the legislature. The Court ruled that such statements cannot be subjected to judicial scrutiny.
“Since, according to the applicant, the statements in question made by the Chief Minister of Uttar Pradesh were made in the Legislature/Legislative Assembly of the State of Uttar Pradesh, the Chief Minister is granted immunity for the aforesaid statements under Article 194 of the Constitution. Therefore, no proceedings with regard to the statements made by him in the Legislature shall be maintainable before this Court,” the order stated.
The complaint had been filed by former IPS officer and Azad Adhikar Sena National President, Amitabh Thakur, who alleged that the CM’s remarks—delivered during the Legislative Council session in February and later posted on his official ‘X’ (formerly Twitter) account—were defamatory and incited hatred among communities on the basis of caste, religion, and language.
The CM’s statement, as recorded in the complaint, was:
“समाजवादियों का चरित्र दोहरा हो चुका है, ये अपने बच्चों को पढ़ाएंगे इंग्लिश स्कूल में और दूसरों के बच्चों के लिए कहेंगे उर्दू पढ़ाओ… उनको मौलवी बनाना चाहते हैं, ‘कठमुल्लापन’ की ओर देश को ले जाना चाहते हैं, ये नहीं चल सकता है…”
(“The character of the socialists has become hypocritical. They will educate their own children in English-medium schools but ask others to teach their children Urdu… They want to turn them into Maulvis, they want to take the country towards ‘Kathmullapan’—this cannot be allowed.”)
Thakur contended that the remark was offensive to the religious sentiments of the Muslim community and thus amounted to defamation. However, the court rejected the plea on multiple legal grounds.
Referring to Section 356 of the Bharatiya Nyaya Sanhita, 2023 (Defamation) read with Section 222 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (Prosecution for Defamation), the Court observed that only an aggrieved person can file a defamation complaint. It held that Thakur did not fall within this category, as he had not personally been defamed.
Additionally, the Court emphasized that under Section 222(2) and 222(4), when a defamation complaint is filed against high-ranking public officials such as Ministers, prior sanction from the government through a public prosecutor is mandatory. Since no such sanction had been obtained in this case, the complaint was found to be procedurally defective and legally unsustainable.
In view of these findings, the Court concluded that the complaint was not maintainable and dismissed it accordingly.
Case Title: Amitabh Thakur vs. State of Uttar Pradesh & Anr.
