In February 2023, the Moradabad court sentenced Khan to two years in jail for this case. Later, the Allahabad High Court, in an order dated April 13, 2023, refused to stay his conviction, leading to his disqualification as an MLA.
New Delhi, February 11: The Supreme Court of India has directed a court in Moradabad to decide within six months the appeal of Mohammad Abdullah Azam Khan, son of Samajwadi Party leader Azam Khan, in connection with a 2008 criminal case.
A bench of Justices M M Sundresh and Rajesh Bindal has also instructed the district and sessions court to consider Khan as a juvenile on the date of the alleged offense while deciding his appeal against the conviction.
Background
In 2008, a case was registered against Mohammad Abdullah Azam Khan and his father at Chhajlet Police Station, Moradabad, under Section 341 (wrongful restraint) and Section 353 (assault or use of criminal force to deter a public servant from duty) of the Indian Penal Code (IPC). The allegations were that they blocked traffic after the police stopped their vehicle for checking.
In February 2023, the Moradabad court sentenced Khan to two years in jail for this case. Later, the Allahabad High Court, in an order dated April 13, 2023, refused to stay his conviction, leading to his disqualification as an MLA.
Khan approached the Supreme Court against this decision, seeking relief.
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During the hearing on Tuesday, senior advocate Kapil Sibal, representing Khan, informed the Supreme Court that the trial court had already submitted a report favoring Khan’s claim of being a juvenile at the time of the offense.
Sibal argued that based on this report, Khan’s conviction should be suspended while his appeal remains pending.
However, the Supreme Court bench pointed out that the sessions court was already hearing the appeal and the best it could do was request the lower court to expedite the process.
Thus, the Supreme Court ordered the Moradabad district and sessions court to decide the appeal within six months.
Sibal further requested that the sessions court be directed to consider the juvenility report while deciding the appeal.
The Supreme Court then directed the district and sessions court to treat Khan as a juvenile on the date of the offense.
Earlier, on May 3, 2024, the Supreme Court took note of the report submitted by the Moradabad district judge on Khan’s juvenility claim.
Additionally, on September 26, 2023, the top court had asked the Moradabad district court to verify and ascertain the claim of juvenility following the provisions of the Juvenile Justice (Care and Protection of Children) Act.
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The Supreme Court had previously sought the Uttar Pradesh government’s response on May 1, 2023, regarding Khan’s plea against the Allahabad High Court’s refusal to stay his conviction.
In its order, the Allahabad High Court made strong observations, stating:
- “Disqualification is not limited only to MPs and MLAs.”
- “Moreover, as many as 46 criminal cases are pending against the applicant.”
- “It is now the need of the hour to have purity in politics. Representatives of people should be men of clear antecedents.”
On February 13, 2023, the Additional Chief Judicial Magistrate sentenced Mohammad Abdullah Azam Khan and his father, Azam Khan, to two years in jail and imposed a fine of Rs 3,000 each.
Both were later granted bail.
Case Details:
MOHAMMAD ABDULLAH AZAM KHAN v THE STATE OF UTTAR PRADESH, SLP(Crl) No. 5216/2023 & MOHAMMAD ABDULLAH AZAM KHAN v. ELECTION COMMISSION OF INDIA AND ANR. W.P.(C) No. 499/2023
