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It has been claimed that as per Abdullah’s educational certificates, he was born on January 1, 1993, whereas according to his birth certificate issued on January 21, 2015, his date of birth is September 30, 1990. Allegations are that the birth certificate issued by the Lucknow Nagar Nigam was meant to help Abdullah participate in the 2017 elections
The Allahabad High Court on Friday, May 24, 3034 granted relief to Samajwadi Party leader Azam Khan in a fake birth certificate case by staying his conviction. However, the court did not stay the conviction of his wife, Tanzeen Fatima, and son, Abdullah Azam, though their pleas for suspension of sentence were allowed and they were granted bail.
The bench of Justice Sanjay Kumar Singh noted that the case of Azam Khan was distinguishable from the case of his wife and son, therefore, the judgement and order of conviction qua him shall remain stayed/suspended during pendency of his criminal revision.
On January 3, 2019, a case was filed on the basis of the written complaint by Akash Saxena, now the BJP MLA from Rampur against former UP Minister Azam Khan and his wife accusing them of obtaining two birth certificates for their son Abdullah Azam Khan.
It was claimed that as per Abdullah’s educational certificates, he was born on January 1, 1993, whereas according to his birth certificate issued on January 21, 2015, his date of birth is September 30, 1990. Allegations are that the birth certificate issued by the Lucknow Nagar Nigam was meant to help Abdullah participate in the 2017 elections.
The trio was convicted under IPC Sections 420 (cheating), 467 (forgery of valuable security), 468 (forgery for the purpose of cheating), 471 (using a forged document as genuine), and 120(B) (criminal conspiracy).
In July 2022, the Supreme Court dismissed a plea filed by Azam Khan seeking direction to quash the charge sheet in the matter.
The Trial Court / Special Judge (MP/MLA), ACJM-I, Rampur sentenced all three to seven years in prison for forgery among other sentences on October 18, 2023.
Additional Sessions Judge / Special Judge (MP/MLA/E.C. Act), Rampur rejected their appeals on Deccember 23, 2023.
Thereafter, the trio moved the high court by filing criminal revisions. As an interim relief, they all sought suspension of the order of conviction and sentence.
The bench of Justice Sanjay Kumar Singh had reserved the judgment on May 14, 2024.
In the judgment, he noted that when asked who Mohammad Azam Khan had cheated and what evidence existed of deception or forgery, the State and complainant's counsel failed to provide any material evidence against him, only arguing that his awareness of the birth certificate dated 21.01.2015 should imply his guilt.
"It is well settled that conjectures and suspicions should not be allowed to take place of legal proof in view of Section 3 of the Evidence Act. At times, it can be a case of ‘may be true’, but there is a long mental distance between ‘May be true’ and ‘Must be true’ and the same divides conjectures from sure conclusions," Justice Singh held.
Case Title: Mohammad Azam Khan Vs. State of U.P. and Connected Matters
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