Allahabad High Court Judge Recuses From Hearing Ex-MP Azam Khan's Plea In 2016 Forced Eviction Case

Justice Sameer Jain of the Allahabad High Court on Friday recused himself from hearing a petition filed by Samajwadi Party leader Mohammad Azam Khan related to the 2016 Yatim Khana eviction case in Rampur. Recusing from the case, Justice Jain directed that the court's earlier interim order of staying the trial court from pronouncing a final judgment in the matter, would remain in operation until the next date of listing. The case is now expected to be listed before another after being nominated by the Chief Justice. The case relates to an alleged incident dated October 15, 2016, involving the demolition of unauthorized 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. The petition before the High Court challenges the orders passed by the trial court on May 30, which rejected the defence's application to recall key prosecution witnesses and produce electronic evidence. Briefly put, the grievances of Azam Khan and others are centered 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. Earlier, Justice Jain had 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. On June 11, the High Court had allowed the trial proceedings to continue but restrained the lower court from passing a final verdict. This relief is being extended from time to time.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.

Allahabad High Court Judge Recuses From Hearing Ex-MP Azam Khan's Plea In 2016 Forced Eviction Case

Sparsh Upadhyay

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