2016 Forced Eviction Case | Allahabad HC Extends Stay On Passing Of Final Order In Trial Against Azam Khan Till July 28

The Allahabad High Court today extended the stay (until July 28) on the passing of a final order in the consolidated trial of the 2016 Forcible Eviction Case involving former UP Minister and MP Mohammad Azam Khan and others.The stay was extended by a bench of Justice Sameer Jain since the state government sought additional time to obtain instructions and submit relevant compilations.The bench also directed the applicants to file an amendment application seeking deletion of the prayer to quash the 'entire proceedings' in their petitions. Essentially, the court orally opined that the grievances of Azam Khan and others are centred around the trial court's dismissal of their recall applications, which sought re-examination of key witnesses, notably Sunni Central Waqf Board Chairman Zafar Ahmad Farooqui, and the inclusion of critical video footage that could prove their absence from the incident site. Thus, the bench noted that the prayer for quashing the 'entire proceedings' ought to be deleted to enable an effective hearing on the merits of the trial court's order dismissing these applications.Earlier, a stay was granted on the passing of a final verdict, till July 15, on a plea filed by Khan's co-accused in the matter, who claimed that the trial court was 'adamant' to conclude the trial in June itself.Senior Advocate SFA Naqvi, along with Advocate Syed Ahmad Faizan, appeared for Mohammad Islam & Ors. (Co-accused persons). Senior Advocate NI Jafri, along with Advocates Shashwat Anand and Shashank Tiwari, appeared for ex-MP Azam Khan and his aide Virendra Goel. Senior Advocate Manish Goyal, with Advocate JK Upadhyay, appeared for the State Government.The case relates to an alleged incident dated October 15, 2016, involving the demolition of unauthorised structures on Waqf property known as Yateem Khana, Waqf No. 157, located in Rampur.A total of 12 FIRs, registered between 2019 and 2020, were clubbed into a single trial by the Special Judge (MP/MLA), Rampur, last year in August. Charges include dacoity, house trespass, and criminal conspiracy under the IPC.In a significant development on June 25, a separate bench of Justice Samit Gopal had directed that a fresh petition filed by Khan and his aide Virendra Goel, concerning the same matter, be tagged with the earlier petition filed by the co-accused (in which the stay on the final order had already been granted).However, given the existing stay on the passing of the final judgment in the consolidated trial, the Court had declined to pass any fresh interim directions and ordered that their petition be clubbed with the co-accused's plea.The petitioners argue that this footage, acknowledged by Farooqui, could prove their absence from the scene, dismantling the prosecution's claims in the consolidated trial (Special Case No. 45 of 2020).Their plea also seeks quashing of the entire trial, claiming the same to be violating their constitutional rights under Articles 14, 19, 20, and 21, and branding the proceedings as malicious.

2016 Forced Eviction Case | Allahabad HC Extends Stay On Passing Of Final Order In Trial Against Azam Khan Till July 28

Sparsh Upadhyay

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