Supreme Court Refuses to Entertain SP Leader Azam Khan's Plea Seeking Interim Bail To Participate In Election Campaign

On Tuesday, the Supreme Court refused to entertain a plea seeking ad-interim ex-parte bail filed by Mohammad Azam Khan, Samajwadi Party's candidate from Rampur in the upcoming Uttar Pradesh Legislative Assembly Elections, to participate in the election campaign.

Refusing to grant relief in a writ petition filed under Article 32 of the Constitution of India, a Bench comprising Justices L. Nageswara Rao and B.R. Gavai asked the petitioner to approach the Allahabad High Court. The Bench further asked the High Court to consider the concerns of the petitioner and dispose of the matter expeditiously.

"The petitioner is at liberty to approach the concerned High Court and ask for expedited disposal of the application. Needless to say, the Court shall take into account the concern of the petitioner and dispose of the matter expeditiously."

Faced with charges in several cases, Khan, Lok Sabha MP from Rampur has been lodged in the Sitapur Jail since 26.02.2020. He has secured bail in most of the cases. But, there are three cases involving charges of corruption, cheating, forgery, criminal breach of public trust, criminal conspiracy, criminal defamation, tampering of evidence and creating or promoting enmity, hatred or ill-will between classes in which bail is sought, as Khan alleged that the BJP-led Government of Uttar Pradesh has 'adopted all means available' to stall the proceedings. A Special MP/MLA Court had rejected his bail plea on 27.01.2022, observing that certain facts published by him had the potential to incite the public or members of a community to disrupt peace and harmony.

Khan has completed his nomination from the Sitapur Jail as a candidate for Rampur, which will go to polls on 14.02.2021, in the second phase of the UP elections.

Senior Advocate, Mr. Kapil Sibal appearing on behalf of the petitioner submitted that 87 FIRs had been filed against the petitioner.

"I am at my wits end in this matter. 87 FIRs filed against me. I got bail in 84."

The Bench enquired, "How do you file 32 for bail. You go to the High Court."

Mr. Sibal informed the Bench that the High Court was not taking up the matter.

"Where do we go? Election is going on."

The Bench remarked, "Don't bring politics to the court."

Mr. Sibal submitted that he had personally mentioned the matter thrice, but in vain.

"Three times I have personally mentioned. The judge says that I will hear the matter, then the matter comes before another judge, he says the file is not there and then he does not sit after lunch. This is going on for 3-4 months and I am inside prison for no reason."

Asking the Allahabad High Court to dispose of the matter expeditiously, the Bench recorded -

"Writ Petition has been filed for grant of bail. Ld. Sr. Counsel, Mr. Kapil Sibal appearing for the petitioner submits that in cases pertaining to events that occurred long back FIR has been registered against petitioner…Application filed for bail has not been taken up for one reason or another. The Writ Petitioners are being adjourned. "The petitioner is at liberty to approach the concerned High Court and ask for expedited disposal of the application. Needless to say, the Court shall take into account the concern of the petitioner and dispose of the matter expeditiously."

[Case Title: Mohammad Azam Khan v. State of U.P. WP(Crl.) No. 39 of 2022]

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