Supreme Court Dismisses SP Leader Azam Khan's Plea To Transfer Trial From UP Over Allegation Of Tampering Court Records

The Supreme Court today (July 14) dismissed a transfer petition filed by Samajwadi Party leader Mohammad Azam Khan seeking the transfer of the trial in the 2007 hate speech case pending before Uttar Pradesh to Delhi on the grounds that the evidence had been tampered.Khan's plea was that the file of the alleged hate speech was submitted as a video clip in the records, but it was tampered with and made into an audio file.Before a bench comprising Justice M.M. Sundresh and Justice NK Singh, Senior Advocate Kapil Sibal, for Khan, submitted that the petitioner accessed the certified copy of the clipping. The original evidence, he submitted, is a video clipping. He said: "If you are allowed to change it from video to audio, that audio will be taken up and I will be convicted. That in fact, the court records have been changed."However, Justice Sundresh orally remarked that this can't be a ground to transfer the case. "Whatever you want to do, this is not a ground for transfer," Justice Sundresh said while dismissing the transfer petition.The Court passed an order: "This disposal of the petition will not stand in way of the petitioner working out for remedy with respect to the change of court records."Brief backgroundIn the transfer petition, Azam Khan has argued that the trial is proceeding in a palpably unfair manner and that there is no chance of the petitioner getting a fair trial or justice in Uttar Pradesh. He stated that multiple attempts were made to influence the trial in his prejudice using methods such as threatening and pressuring the witnesses. He also claimed that court records while in the court's custody have been tampered with illegal and malicious manner. It has also been stated that the trial has completely disregarded the procedure of law, including but not limited to the flouting of procedure for the preservation and production of evidence. The investigating authorities are hounding him due to his political affiliations. Last year, a bench comprising Justice AS Bopanna and Justice PK Mishra of the Supreme Court stayed an order of the trial court which directed Azam Khan to provide his voice sample in the speech case, for comparison with a CD-recorded speech he delivered during a public gathering in Rampur in August 2007.This came after the Allahabad High Court refused to give him any relief. The High Court, while dismissing Khan's petition filed under Section 482 of the Code of Criminal Procedure, noted that the only legal objection raised by him was that the electronic evidence was not certified as per Section 65B of the Indian Evidence Act. The High Court observed that as per the Supreme Court precedent, such a certificate can be obtained at a subsequent stage too.Currently, the Special Judge (MP/MLA), Rampur is dealing with the trial against Azam Khan under Sections 504 and 171(G) IPC, Section 125 of the Representation of Peoples Act, 1951 and Section 3(1)(X) of the Scheduled Caste and Scheduled Tribe (Prevention of Atrocities) Act, 1989.This case stems from a first information report (FIR) lodged in August 2007, on the strength of a complaint by one Dheeraj Kumar Sheel alleging that Khan had made derogatory remarks against former chief minister and Bahujan Samaj Party BSP chief Mayawati and hurt the sentiments of a specific community.Azam was accused of violating the model code of conduct as a Member of the Legislative Assembly at the time. Case Title: MOHAMMAD AZAM KHAN v. THE STATE OF UTTAR PRADESH, T.P.(Crl.) No. 653/2023Appearances: Senior Advocate Kapil Sibal and Advocate Nizam Pasha (for Mohammad Azam Khan) Click Here To Read/Download Order

Supreme Court Dismisses SP Leader Azam Khan's Plea To Transfer Trial From UP Over Allegation Of Tampering Court Records

Gursimran Kaur Bakshi

Tags