SC asks UP govt to file counter affidavit on SP leader Abdullah Azam Khan's plea challenging Allahabad HC order

New Delhi [India], May 1 : The Supreme Court on Monday asked Uttar Pradesh Government to file a counter affidavit on Samajwadi Party (SP) leader Mohammad Abdullah Azam Khan's plea challenging Allahabad High Court order which rejected his plea seeking stay on his conviction in a matter related to protest case.
Mohammad Abdullah Azam Khan, who is the son of a senior SP leader Azam Khan, has moved the top court against Allahabad HC's order.
A bench of justices Ajay Rastogi and Bela M Trivedi asked the Uttar Pradesh government to file a reply on the SP leader.
However, the court did not pass any order on staying the election that is scheduled to be conducted in Suar Assembly. But the court clarified that election results to Suar Assembly will be subject to the outcome of this petition.
During the hearing, the court asked whether it can test the morality of an individual, convicted and sentenced.
The court was hearing SP leader Mohammad Abdullah Azam Khan's plea challenging the Allahabad High Court order which rejected his plea seeking a stay on his conviction in a matter related to a protest case.
Recently the Allahabad High Court has 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.
The Supreme 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 claiming that he was a juvenile as of the date of the incident, has challenged the Allahabad High Court order dated March 17.
Abdullah Azam Khan was disqualified from the UP Legislative Assembly after he was convicted and sentenced to two-year imprisonment in a 15-year-old case.
Abdulla Azam Khan was representing Suar in Rampur district in the Assembly.
Abdullah Azam Khan, and his father, were convicted by a local court in Uttra Pradesh for 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.
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 three 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.
On February 13, Trial Court convicted Abdullah Azam Khan 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, convicting 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.