Decide SP Leader Md Abdullah Azam Khan's Appeal Treating Him As Juvenile On Date Of Offence : Supreme Court To Sessions Court

The Supreme Court today(February 11) passed an interim order directing the Sessions Court to decide the criminal appeal, filed by Samajwadi Party leader Mohammed Abdullah Azam Khan against the trial court's order convicting him for an offence under Section 353 IPC (assault or criminal force to deter a public servant from discharging his duty), within 6 months.  The Court added that Abdullah Azam Khan's appeal should be decided by treating him as a juvenile as on the date of the offence.

Abdullah was convicted in February 2023 by the Moradabad Court and sentenced to 2 years of imprisonment along with his father for this offence during a dharna staged 15 years ago.

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.

However, it was challenged on the grounds that he was a juvenile at that time. He had approached the Supreme Court after the Allahabad High Court in April 2023 dismissed his plea to stay the conviction. Two days later, the Uttar Pradesh Legislative Assembly Secretariat declared the seat from the Suar Assembly constituency held by Abdullah Azam Khan as 'vacant'.

On September 26, 2023, the Supreme Court directed District Judge, Rampur, to submit a report regarding the date of birth of Abdullah while hearing his plea to stay the conviction in a case that resulted in his disqualification as a member of the Uttar Pradesh legislative assembly. On November 5, Senior Advocate Kapil Sibal appeared for Khan and submitted that the report on his date of birth was in his favour and therefore, there is nothing else left in the matter.

Today, a bench of Justice MM Sundresh and Justice Rajesh Bindal stated that the Court would grant leave and pass directions to the District Court. It ordered: "Meanwhile, we request the District Court to make an endeavour to dispose of within 6 months."

Sibal requested that the Court may also specify the findings of the Juvenile Court in favour of Abdullah. Therefore, the Court added: "Needless to say, District Court will proceed with the matter treating petitioner as juvenile." 

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 High Court 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.