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SC Gives No Interim Relief To Azam Khan

By LokMarg 11th October 2023

The Supreme Court on Wednesday refused to give any interim relief to Samajwadi Party leader Mohammad Abdullah Azam Khan in a matter related to the protest case.

A bench of justices MM Sundresh and PK Mishra posted the matter for further hearing after the report on juvenility is filed.

The top court on September 26 has referred to the District Judge, Muradabad for addressing the question relating to the correct date of birth of the petitioner Khan and send a finding to this Court for further consideration in the matter.

The court had noted that the correct date of birth relating to the petitioner is relevant for ultimate consideration of the issues raised and to decide the juvenility.

The court was hearing SP leader Mohammad Abdullah Azam Khan plea challenging Allahabad High Court order which rejected his plea seeking stay on his conviction in a matter related to protest case.

Mohammad Abdullah Azam Khan, who is son of Senior SP leader, has moved the Supreme Court against Allahabad HC order

Recently, Allahabad High Court has refused to stay the conviction of Mohammad Abdullah Azam Khan in connection with a 2008 protest case, which led to his disqualification as an MLA from the Uttar Pradesh assembly.

The Supreme Court had earlier requested the Allahabad High Court to decide at earliest Mohammad Abdullah Azam Khan plea seeking stay of his conviction in a matter related to protest.

Mohammad Abdullah Azam Khan claiming that he was was a juvenile as on the date of the incident, has challenged the Allahabad High Court order dated March 17.

Mohd Abdulllah Azam Khan was disqualified from UP Legislative Assembly after he was convicted and sentenced to two-year imprisonment in a 15-year-old case. Abdulla Azam Khan was representing Suar in Rampur district in the Assembly.

Abdullah Azam Khan, and his father, was convicted by a local court in Uttra Pradesh of allegedly using criminal force to deter public servant from discharge of his duty and other provisions of the Indian Penal Code (IPC) in a matter pertaining to a dharna on a state highway in January 2008.

Abdullah Azam Khan moved Allahabad High Court against trial court order seeking suspension of his sentence.

In the plea, Abdullah Khan apprised the court that on March 17, High Court of Allahabad after perusing the Application preferred by the Petitioner granted the Respondent State a time period of 3 weeks to file counter affidavit, however, failed to appreciate the fact that if the Application is not decided expeditiously then the same would be rendered infructuous and the Petitioner would suffer irreparable harm.

On February 13, Trial Court convicted Abdullah Azam Khan for offences punishable under Section 353, 341 IPC and 7 Criminal Law Amendment Act, 1932, and sentenced him to undergo two years of simple imprisonment.

Subsequent to the order of the Trial Court on February 13, 2023 convicting Khan, the Assembly Secretariat, Uttar Pradesh Legislative Assembly on February 15 notified that the Constituency Seat of Suar, District Rampur of the Uttar Pradesh Legislative Assembly has become vacant.

The Petitioner appealed to the Court of Additional Sessions Judge, Rampur against the order of the Trial Court and also filed an application for stay of conviction and sentence. However, the Sessions Court dismissed the said application on February 28. Thereafter, the Petitioner approached the High Court against the order.

The petitioner said that he believes that during the pendency of the Application before the High Court, by-election to the Rampur constituency would be announced.

The petitioner said he is concerned that if such an announcement is made and thereafter, the High Court passes a stay order the same would be rendered moot due to the announcement of the by-elections. (ANI)