Supreme Court To Hear Abdullah Azam Khan’s Plea To Stay Conviction Which Led To His Disqualification As MLA On April 5

The Supreme Court, on Wednesday, agreed to take up the plea filed by Mohammed Abdullah Azam Khan, who has now been disqualified from Uttar Pradesh Legislative Assembly two days after he was convicted and sentenced to 2 year imprisonment in a 15-year-old case. After briefly hearing the Senior Counsel appearing for Khan, the Court asked him to serve a copy of the plea to the Standing Counsel of the State of Uttar Pradesh. It said, “We will take it up on the 5th (5th April, 2023)”.

In the petition before the Apex Court Khan seeks stay of the conviction. He had filed an appeal before the Allahabad High Court. However, on 17.03.2023, when the matter came up before the High Court, it posted it for hearing after 3 weeks. Moreover, stay was not granted. Since disqualification notification was already issued, Khan was apprehending the election process for his vacant seat to be notified anytime in the interim. The Senior Counsel, appearing for Khan, apprised a Bench comprising Justice KM Joseph and Justice BV Nagarathna that on Wednesday (29th March, 2023) the Election Commission has notified that the election process would start on 13th April, 2023.

It was argued on behalf of Khan that in a recent judgment of the Apex Court, it has opined on the age of Abdullah Khan. Vide the said judgment, the Supreme Court of India dismissed his petition seeking a review of its November 7 decision to uphold the disqualification of the former legislator(in the 2017-22 assembly term) for not having attained the minimum qualifying age on the date of the election.

As per the age indicated by the Supreme Court, on the date of commission of the offence which was 15 years back, Khan was a juvenile (15 years old). The Senior Counsel submitted that the Trial Court was made aware of the order of the Supreme Court. On the basis of the same the plea of juvenility was claimed. However, the Trial Court rejected the plea stating sufficient documents in this regard were not produced by Khan.

It was argued that Khan was convicted in a 2008 offence where his father Azam Khan was sitting on dharna. He was a juvenile merely accompanying his father. The police registered a case against Abdullah Khan. Eventually, the Trial Court imposed the maximum sentence of 2 years. The Senior Counsel submitted that on the very next day Khan was disqualified from the Assembly and his seat was declared vacant.

He added -

“My apprehension has come true because today the EC has announced that they will start the process of a by-election from 13.04.2023.”

Justice Nagarathna opined that Khan ought to have provided the documents that are required to be produced as per the Juvenile Justice Act want.

Considering that the matter was pending before the High Court, she asked Khan to approach it with an early hearing application. She suggested that in view of the subsequent event of the Election Commission notifying bye-election, the same can be used as a ground to move the said application.

Khan’s Counsel responded that on 17.03.2023, when the matter came up for hearing before the High Court, the issue of disqualification was indicated, yet the Court chose to adjourn the matter till 3 weeks. He implored the Bench to hear the matter and stay Khan’s conviction, who are a juvenile at the time of commission of the crime.

Background

On 15th February, 2023, the Uttar Pradesh Legislative Assembly Secretariat declared the seat represented by Samajwadi Party (SP) MLA Abdullah Azam Khan as ‘Vacant’ two days after Abdullah was convicted in a 15-year-old case by the Moradabad Court to two years in prison.

Abdullah, who represented the Suar Assembly constituency, is the son of the veteran leader of the Samajwadi Party, Azam Khan.

The case against Abdullah was registered in the year 2008 for staging a dharna (protest) on the state highway after their cavalcade was stopped by police for checking in the wake of an attack on a CRPF camp in Rampur.

Both son and father were booked under Sections 341 (wrongful restraint) and 353 (assault or criminal force to deter public servant from discharge of his duty) of the Indian Penal Code.

It may be noted that this is the second time that he has been disqualified from the UP Legislative Assembly membership.

Earlier, his election from the Suar Constituency (in 2017 state assembly elections) was invalidated by the Allahabad HC on the ground that he was below 25 years of age at the time of filing the nomination, on the date of scrutiny of the nomination paper, and on the date of declaration of results.

On 29th March, 2023, the Election Commission had notified its decision to hold bye-election for the vacant seat in Suar constituency in Uttar Pradesh. The election process is to commence on 13th April, 2023.

[Case Title: Mohammad Abdullah Azam Khan v. State of UP SLP(Clr) No. 4098/2023]