SP Leader Azam Khan Alleges He Won't Get Fair Trial In UP; Supreme Court Rejects His Plea To Transfer Case To Another State

The Supreme Court on Wednesday, refused to entertain the plea filed by Samajwadi Party Leader Azam Khan seeking to transfer his cases from the State of Uttar Pradesh. The matter was heard by a bench comprising CJI DY Chandrachud, Justice Abdul Nazeer and Justice PS Narasimha. 

Senior Advocate Kapil Sibal, appearing for Azam Khan, argued that he won't get free trial in the State of UP in the several cases which have been registered against him. To illustrate the point of alleged bias, Sibal stated that he was convicted in a case when his Section 482 petition seeking production of additional evidence was pending in the High Court, and the conviction resulted in him losing the Rampur seat.

He alleged that Khan was being "harassed" by hundreds of FIRs which were registered against him in the State. He contended that forged documents were being produced by the police against him and the trial court was proceeding with the matter without considering his objections.

However, the bench was not convinced with these reasons being enough for transferring the cases. The bench stated that if Khan was aggrieved with any order, he could challenge it before the superior courts. A wrong order is not a ground to infer bias and transfer the trial from the state, the bench opined.

CJI Chandrachud said–

"You can approach the Allahabad High Court under Section 482 of the CrPC. Today trial is being conducted and witness statements are being recorded. This is not a ground for transfer. Can you not challenge this order before the High Court? You can always ask for a transfer before any other district of the State of UP. But you're saying that they won't hear your plea anywhere in the State!Sorry we can't transfer."

However, Sr Adv Sibal submitted that transferring the case to another district will not be helpful.

"It's not a judge your Lordships, it's the State. Everywhere it's the same", Sibal submitted.

The bench was still not convinced. CJI Chandrachud said–

"When we transfer, we need a far more cogent reasons for transfer. We are giving you liberty to approach the High Court but we can't transfer."

CASE TITLE: Mohammad Azam Khan v. State of UP Diary No. 25586/2021