Supreme Court Asks Allahabad HC To Take Up Abdullah Azam Khan’s Plea To Stay Conviction On "Highest Priority"

The Supreme Court on Wednesday asked the Allahabad High Court to hear the application moved by the recently disqualified MLA Abdullah Azam Khan seeking a stay on conviction in a 15-year-old case. The Court said that Khan's application be "accorded with the highest priority and be disposed of".

Khan had been disqualified from Uttar Pradesh Legislative Assembly two days after he was convicted and sentenced to two-year imprisonment in the case. Abdullah, who represented the Suar Assembly constituency, is the son of the veteran leader of the Samajwadi Party, Azam Khan

On February 13, this year, a Court in Moradabad convicted the petitioner for offences under the Indian Penal Code in a 2008 case relating to alleged obstruction and raising of provocative slogans during a dharna. On appeal, the Sessions Court dismissed a plea on the stay on conviction. After the High Court was approached, on March 17, it posted the matter for hearing after 3 weeks. Moreover, a stay was not granted.

Senior Advocate Vivek Tankha appeared for Khan today. He argued that Khan had won the election last year and that a case from 2008 related to his father, Azam Khan, came up, due to which he stands disqualified now.

"We can request the High Court to hear", a Bench comprising of Justices KM Joseph and BV Nagarathna said, noting that the High Court had not taken up the case in three weeks.

"A young man is losing his seat a second time", Tankha argued, looking to persuade the Court. He stated that on the date of the offence, the petitioner was a juvenile (aged 15 years) who had just accompanied his father in a dharna.

Additional Solicitor General KM Natraj argued that in the Lakshadweep case as well, the Lok Sabha Secretariat recalled the notification seeking disqualification after the Kerala High Court had stayed the conviction.

"But there shouldn't be precipitative action", Justice Joseph opined.

While dictating the order, the Bench that there was no obstacle for the High Court to hear the application for stay of conviction.

"The interests of justice demands that hearing the application must be accorded with the highest priority and be disposed of. We direct that the appellant shall be present before the High Court on April 10. We request the High Court to call the case in question in the said date and the respondent shall cooperate for an early disposal of the case".

The Court, however, denied the appellant's request seeking to direct the High Court to decide the case on April 10.

"We cannot say that. We cannot reduce the High Court to a Magistrate Court", it orally said.

On the repeated assertion of the appellant, the Court said that High Court would have to pass orders at the earliest.

"Needless to say, the High Court will have to bear in mind the need to pass orders at the earliest".

Case Title: Mohammed Abdullah Azam vs State of Uttar Pradesh

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