Supreme Court Reserves Order In SP Leader Azam Khan's Plea For Interim Bail In Building Certificates Forgery Case

The Supreme Court on Tuesday reserved orders in a petition filed by Samajwadi Party Leader Azam Khan seeking interim bail in a case wherein he has been accused of forging building certificates to get recognition for Rampur Public School. The bench of Justices LN Rao, BR Gavai and AS Bopanna was hearing a writ petition filed through Advocate Lzafeer Ahmad BF wherein Khan along with grant of bail had also sought for quashing of the proceedings registered under section 420 and 120B IPC in the said case and for further direction that Court's prior permission be sought before arresting Khan in any other case. On the last date of hearing, the Court, at the request of the Additional Solicitor General, Mr. S.V. Raju, granted time to the UP Government to file a reply demonstrating merit in the cases registered against Khan. Previously, the Bench had expressed concern regarding the inordinate delay in disposing of Khan's bail application by the Allahabad High Court. Subsequently, the Allahabad High Court granted bail to Khan, but he is yet to be released. His judicial custody had been obtained till 19.05.2022, with respect to another case. On 09.05.2022, Senior Advocate, Mr. Kabil Sibal appearing on behalf of Khan mentioned the matter and apprised the Bench that another FIR has been filed against Khan, in a ruse to keep him in jail at any cost. He submitted that he'll also file a fresh writ petition in this regard.Also Read: Supreme Court Raises Eyebrows At UP Police Registering New FIR Against Azam Khan Soon After He Gets Bail What Transpired In The Supreme Court Today? When the matter was called for hearing, ASG SV Raju appearing for the State of Uttar Pradesh submitted that Khan had threatened the IO while his statement was being recorded. To further apprise the bench he also read some of the contents of the statement. "But he was inside," remarked Justice Gavai. "How do you treat it as a threat Mr Raju? This is what we have been hearing everyday. These are not threats, this is what the politicians say everyday. Mr Raju, that can happen only after 5 years. Modus operandi is actually not good. You can't keep on doing this. Bail in one matter and jail in another matter," added Justice Rao. ASG SV Raju further submitted that there were 3 schools run by Maulana Mohammad Ali Jauhar Trust by the name of "Rampur Public School" which were owned by Khan and the land on which Rampur Public School, Jauhar University Road and Topkhana were situated were grabbed/possessed illegally grabbed/possessed by Khan from actual owners of the land. He further added that the complainant in the FIR submitted an application to the SP, Rampur in which he had categorically stated that Khan was the main accused in the case and had requested for thorough investigation into registration/affiliation documents of all the three Schools. "Magistrate has applied his mind and has taken cognisance and they have put up a report saying that his involvement surfaces and there is forgery of the documents. In 3 matters where he came he has been granted bail. He is land grabbers, 64 complaints have been filed," ASG further submitted. "He has been granted bail in more serious offenses," remarked Justice Gavai. Urging the bench to not grant him bail, ASG while referring to Arnab Goswami's judgment which related to whether one could invoke jurisdiction of the Top Court under Article 32 to seek bail, ASG said that he could not be allowed to bypass the procedure established by law without there being any extraordinary circumstance as it will open a floodgate of similar Petitions for other people to directly approach this Hon'ble Court without following the due process in such cases. "Because of antecedents, not a case of being granted bail. In Arnav Goswami's case, let him apply for bail. Go and apply there and all other complaints were quashed because they were arising from the same incident. He is asking only for interim bail," submitted Raju. Contending that the State had perjured themselves and have not disclosed facts, Senior Advocate Kapil Sibal for Khan submitted that while he had made an oral mentioning with regards to the MA wherein Khan had sought bail in a pending FIR on April 26th and 29th, the State registered the impugned FIR on May 2, 2022 wherein the State said that Khan had committed forgery with regards to the documents. He further added that on May 5 an application was made to the Magistrate seeking summoning of Khan in the impugned FIR May 6, a statement was issued Rampur Police that in investigation of another criminal case, Khan's name had come into light and a warrant had been issued in this regard. Sibal further contended that on May 6, 2022 an order was issued by the Magistrate remanding Khan to custody. "This is shocking my lords. Petitioner's custody is required for recovery of rubber stamps. That's why they went to the...

Supreme Court Reserves Order In SP Leader Azam Khan's Plea For Interim Bail In Building Certificates Forgery Case

Shruti Kakkar

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