SC sets aside Allahabad HC order, directs to deseal Jauhar University building in Rampur
Jul 22, 2022
New Delhi [India], July 22 : The Supreme Court on Friday set aside the condition imposed by the Allahabad High Court, while granting interim bail to Samajwadi Party (SP) leader Azam Khan, relating to the sealing of Mohammad Ali Jauhar University and directed the concerned authority to deseal the building.
Allahabad HC had imposed the conditions to seal the property while granting interim bail to Azam Khan.
A bench headed by Justice AM Khanwilkar also directed that immediate steps to be taken to unseal the concerned property.
The Supreme Court said that the concerned HC ought to have dealt with only those aspects which were related to bail and not venture into unrelated issues.
"We have no hesitation in setting aside that part of the order while retaining the relevant conditions which are necessary for grant of bail," the court said.
During the hearing, the court orally observed that it is time to say it out loud, this is becoming a pattern.
Azam Khan's counsel had told the court that concerned authorities have put barbed wire and cordoned off the university.
The Supreme Court had earlier stayed the condition imposed by the Allahabad High Court directions to the District Magistrate to hold a measurement of Mohammad Ali Jauhar University as part of the condition of bail granted to Azam Khan.
Khan has moved a plea against the impending threat of demolition of Mohammad Ali Jauhar University as part of the condition of his bail. The Court stayed the conditions till further orders.
Khan has apprehended that conditions imposed by the Allahabad High Court may lead to demolishing of buildings of Jauhar University.
The top court had said that Allahabad High Court while imposing conditions for grant of bail has exceeded the settled parameters laid down in certain sections of the Code of Criminal Procedure (CrPC).
The top court had also said that prima facie conditions imposed for the grant of bail are disproportionate and have no reasonable link to the means to secure the presence of the accused.
On May 10, the Allahabad High Court granted interim bail to Khan in a case related to wrongful possession of the land. The case is about wrongful possession of Waqf Board property.
The Allahabad High Court had imposed various conditions including directions to the District Magistrate, Rampur being a representative of Custodian/Administrator of Evacuee/Enemy Property, to hold a measurement of the landed property in dispute which is the centre dispute of this issue admeasuring area of 13.842 hectares in village Singhan Khera, Rampur district and thereafter, raise a boundary wall and barbed wire around it to take the actual physical possession of the property in dispute on behalf of the administrator of evacuee property Mumbai latest by June 30, 2022.
