SC stays HC's bail condition of SP MLA Azam Khan related to land of Jauhar University
May 27, 2022
New Delhi [India], May 27 : The Supreme Court on Friday 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 Samajwadi Party (SP) leader Azam Khan.
A vacation bench of Justices DY Chandrachud and Bela Trivedi also issued notice on a plea filed by Samajwadi Party (SP) leader Azam Khan 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 the next date of listing of the matter.
Azam Khan has apprehended that conditions imposed by the Allahabad High Court may be led to demolishing of buildings of Jauhar University.
The top court 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 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.
The Supreme Court on Tuesday agreed to hear this week a plea filed by Samajwadi Party (SP) leader Azam Khan against the impending threat of demolition of Mohammad Ali Jauhar University as part of the condition of his bail.
Senior advocate Kapil Sibal on Tuesday, appearing for Azam, mentioned the matter for urgent hearing before a bench of Justices DY Chandracud and Bela M Trivedi. The bench said it will list the matter for hearing this week.
On May 10, the Allahabad High Court granted bail to Samajwadi Party leader Azam 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 village Singhan Khera, Pargana and Tehsil-Sadar, District Rampur 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.
Khan, who walked out of jail a few days ago, had been lodged in Sitapur jail since February 2020 last year as many cases are registered against him.
