The Supreme Court is set to hear on Friday a plea of Samajwadi Party leader Abdullah Azam Khan against the Allahabad High Court decision refusing to stay his conviction in a 15-year old criminal case pertaining to his involvement in blocking of roads during a dharna in Chhajlet area of Moradabad district of Uttar Pradesh that led to his disqualification as an MLA. A bench comprising Chief Justice D Y Chandrachud and Justice P S Narasimha on Thursday took note of the submissions of Khan’s lawyer and agreed to list his appeal for hearing on April 21.
Khan was convicted and sentenced to two-year jail term in the case “We will list this tomorrow,” the Chief Justice of India DY Chandrachud said. Khan's lawyer mentioned the plea before a bench headed by CJI, who agreed to list it on Friday.
Following his conviction in the case, Khan was disqualified from UP Legislative Assembly. He was sentenced to two-year imprisonment. Abdulla Azam Khan was representing Suar in Rampur district in the Assembly.
Abdullah Azam Khan's lawyer seeks an urgent hearing on the plea in view of the bye-election. Recently the Allahabad high court refused to stay the conviction of Mohammad Abdullah Azam Khan in connection with a 2008 protest case, which led to his disqualification as an MLA from the Uttar Pradesh assembly. Mohammad Abdullah Azam Khan, who is the son of the Senior SP leader Azam Khan, has moved the top court against Allahabad HC's order, as reported by the news agency ANI.
The apex Court had earlier requested the Allahabad High Court to decide at the earliest Mohammad Abdullah Azam Khan's plea seeking a stay of his conviction in a matter related to the protest. Mohammad Abdullah Azam Khan claimed that he was a juvenile as of the date of the incident, and has challenged the Allahabad High Court order dated March 17.
Abdullah Azam Khan, and his father, were convicted by a local court in Uttra Pradesh of allegedly using criminal force to deter a public servant from discharging his duty and other provisions of the Indian Penal Code (IPC) in a matter pertaining to a dharna on a state highway in January 2008, as reported by ANI.
Abdullah Azam Khan moved Allahabad High Court against a trial court order seeking suspension of his sentence. In the plea, Abdullah Khan apprised the court that on March 17, the High Court of Allahabad after perusing the application preferred by the Petitioner granted the respondent state a time period of 3 weeks to file a counter affidavit, however, failed to appreciate the fact that if the application is not decided expeditiously then the same would be rendered infructuous and the Petitioner would suffer irreparable harm.
Trial Court convicted Abdullah Azam Khan on February 13 for offences punishable under Section 353, 341 IPC and 7 Criminal Law Amendment Act, 1932, and sentenced him to undergo two years of simple imprisonment. Subsequent to the order of the Trial Court on February 13, 2023, convicted the petitioner, the Assembly Secretariat, Uttar Pradesh Legislative Assembly on February 15, 2023, notified that the Constituency seat of Suar, district Rampur of the Uttar Pradesh Legislative Assembly has become vacant.
The petitioner appealed to the Court of Additional Sessions Judge, Rampur against the order of the Trial Court and also filed an application for a stay of conviction and sentence. However, the Sessions Court dismissed the said application on February 28. Thereafter, the Petitioner approached the High Court against the order.
The Petitioner said that he believes that during the pendency of the application before the High Court, a by-election to the Rampur Constituency would be announced. The Petitioner said he is concerned that if such an announcement is made and thereafter, the High Court passes a stay order the same would be rendered moot due to the announcement of the by-elections, as reported by ANI.