Supreme Court Seeks UP Govt Response To Azam Khan's Plea To De-Seal Jauhar University Land

Though the Bench comprising Justice A.M. Khanwilkar and J.B. Pardiwala directed the matter to be next listed on 22nd July, 2022, it directed the State Government to file its reply by the 19th. The request to grant time for filing the response was made by Additional Solicitor General, Mr. SV. Raju, appearing on behalf of the State.

By its order dated 10.05.2022, the High Court, while granting bail to Azam Khan in an alleged case of grabbing Enemy Property for the construction of the Mohammad Ali Jauhar University, had directed the Rampur District Magistrate to take possession of the property attached to the campus of Jauhar University by June 30, 2022, and raise a boundary wall with barbed wire around it. Further, it had requested the Custodian Evacuee Property Mumbai to hand over the concerned property in dispute to some para military forces for their training purposes, as already done in the year 2014.

On 18.05.2022, the authorities issued notice citing the High Court's order to demolish the two buildings of the University on 19.05.2022. By way of the notice the Registrar was asked to vacate the premises. Now, the authorities had sealed two buildings - the sports complex and the building that house Dean and Senior Staff.

Khan approached the Apex Court assailing the order of the High Court and the SDM Rampur was intimated about the same.

On 27.05.2022, the Supreme Court had stayed the High Court's directions in this regard till the next date of hearing. The vacation bench of Justices DY Chandrachud and Bela M Trivedi opined that, prima facie, the said condition imposed for grant of bail was disproportionate and had no reasonable nexus with the object of securing the presence of the accused or to see to it that the trial is not impeded in any manner. In view of the stay granted, on 27.05.2022, a letter was sent to the SDM, Sadar Rampur to de-seal the property and restore peaceful possession of the sealed portion. However, no action was taken by the authorities.

The application argued that the inaction of the authorised amount to wilful disobedience and utter disregard to comply with the order of the Apex Court dated 27.05.2022, which had taken away the very foundation of the action of sealing and taking possession of the property by the State authorities.

At the outset, Senior Advocate, Mr. Kapil Sibal representing Khan apprised the Bench that the High Court had dealt with property matters in a criminal case. Pursuant to which the authorities had sealed the University premises. Even though the Supreme Court had stayed the concerned portion of the order of the High Court, the authorities have neither taken out the barbed wires nor restored possession.

Justice Khanwilkar stated that all consequences of the order of the Apex Court. has to be followed without any further direction.

Mr. Raju clarified that no actions were taken pursuant to the order of the Supreme Court.

Justice Khanwilkar reckoned, "You have to restore the status quo ante."

Mr. Raju apprised the Bench that the situation today is as it was when the Supreme Court order was passed. The boundary wall, the barbed wires, the sealing - were all in place before the stay was granted.

Mr. Sibal indicated that the authorities are in contempt of the order of the Supreme Court. Therefore, in the meanwhile, steps would be taken by the applicant (Khan) to file a contempt petition in this regard, he added.

[Case Title: Mohammad Azam Khan v. State of UP SLP (Crl) 5315 of 2022]