History or Heresy?

Samajwadi Party (SP) MLA Abu Asim Azmi has been granted anticipatory bail by the Mumbai Sessions Court in a criminal case connected to his controversial statements praising Mughal Emperor Aurangzeb and calling him a ‘good administrator.’

Mr. Azmi found himself at the center of a political and legal controversy following remarks made to media personnel outside the Maharashtra Legislative Assembly on March 3. In the purported statements, which later prompted the filing of the anticipatory bail application, he allegedly praised Mughal Emperor Aurangzeb, referring to him as a "good administrator" and claiming that during Aurangzeb’s reign, India was known as the "golden sparrow." He further asserted that the country’s Gross Domestic Product (GDP) stood at 24 percent during that period, which, according to him, attracted British interest in India.

Following the controversial statement, Kiran Nakti, affiliated with the Shiv Sena party, filed a First Information Report (FIR) under sections 299, 302, 356(1), and 356(2) of the Indian Penal Code (IPC), alleging that Azmi's remarks have allegedly offended the sentiments of the Hindu community.

As criticism mounted, Mr. Azmi claimed that the media had misrepresented the statement and clarified the context of the statement by stating, “On March 3, media representatives followed me while leaving the hall. Outside the hall, they asked me the question that the Chief Minister of Assam compared Rahul Gandhi to Aurangzeb. In this context, I quoted Meena Bhargava's article and said he helped the temples,".

It was submitted before the court that Mr. Azmi is innocent and is willing to comply with any conditions that may be imposed by this Hon’ble Court. He undertakes to fully cooperate with the investigating officer, submits that custodial interrogation is not warranted, and is prepared to furnish bail.

The court primarily observed that the investigation in this matter is at the primary stage, therefore, it will not be fair to comment upon the interview given by the Applicant. Additionally, the Court expressed surprise upon learning that, despite being questioned about the video recording of the alleged interview, the Investigating Officer does not have the video recording of the alleged interview to date and had proceeded to register the offence without without seeing that interview.

The court clarified that at this stage it is only concerned with seriousness of offence, the antecedent of the applicant, the probability of Applicant fleeing away from the course of justice, the availability of Applicant for investigation, and the course of the trial.

Hence, noting the fact that the Applicant is a politician and businessman and he undertakes to cooperate with the investigating officer and abide by all conditions imposed by the court, the bench was of the opinion that he will not run away from the course of justice and thereby ruled in the favour of the Applicant.

Ultimately, the court granted anticipatory bail to Azmi on a surety of Rs 20,000 and also directed him to appear before the investigating officer between 11:00 a.m. to 01:00 p.m. on 12.03.2025, 13.03.2025, and 15.03.2025.

Case Title: Mr. Abu Asim Azmi v. The State of Maharashtra., Anticipatory Bail Application No. 476 of 2025

Advocates for Applicant: Adv. Mubin Solkar, Adv. Tahir Hussain, Adv. Anas Shaikh and Adv. Sumaiya Khan.

Advocate for Respondent: Additional Public Prosecutor Ajit Chavan.