Read Time: 06 minutes

The Supreme Court Bench of Justice RF Nariman, Justice Hrishikesh Roy & Justice BR Gavai has issued notice to Uttar Pradesh Government in bail plea of Samajwadi Party leader Azam Khan & Mohammad Azam Khan in forgery cases.

The Single Bench of Justice Suneet Kumar of Allahabad High Court on November 26, 2020 had rejected bail plea of the Lok Sabha MP from Rampur, Azam Khan & his son Mohammad Abdullah Azam Khan  on the ground that it would not be in the public interest at this juncture. 

Fearing that on being enlarged on bail, the father son duo would try to influence the witnesses in the case, the Court observed that, “Having regard to the position and status of the accused persons, the repetition of the offences and the pervasive influence that applicants exercise in various departments of the State, there is a reasonable apprehension of the witnesses being influenced and danger to the course of justice being thwarted, said the bench Accordingly, in the circumstances, the grant of bail at this stage would not be in the public interest.”

The Court had also observed that, “Merely, for the reason that the applicants have been enlarged on bail in a case where allegation is of procuring forged document pertaining to date of birth cannot be viewed mechanically while considering the bail applications, in other cases, though, the genesis is rooted in forged date of birth. It cannot be said, in the given facts that the instant case is a consequence of the alleged corrections of the subsequent document based on the date of birth. There is allegation of criminal conspiracy, deception, misuse of office and position in procuring forged documents by the first applicant to benefit the second applicant (Abdullah Azam Khan)”.

The High Court had pronounced its order on the three bail applications filed by Azam Khan and his son Mohammad Abdullah Azam Khan in the FIR registered against the former for offences under Sections 420, 467, 468, 471, 120B IPC & against the latter in Sections 420, 467, 468, 471 IPC & Section 12(1A) Passport Act, 1967. 

Abdullah was elected from the Suar Assembly Constituency of Rampur in the 2017 state elections irrespective of being less than 25 years old at the time of election & was not qualified to be an MLA under Art 173(b) of the Constitution of India. The allegations against the father & the son were that as per the son’s educational certificates, Abdullah was born on January 1,1993 whereas  according to his birth certificate, his date of birth was September 30,1990. It was also alleged that the birth certificate issued by the Lucknow Nagar Nigam was meant to help Abdullah to participate in the 2017 elections & that the Adhaar card & PAN cards were also not issued before 2015. 

The Division Bench of Justice Ashok Bhushan & Justice R Subhash Reddy on April 16, 2021 had adjourned the matter for two weeks in view of the letter circulated by the Counsel for the petitioner.

Case Title: Mohammad Azam Khan v. The State Of Uttar Pradesh| Special Leave to Appeal (Crl.) No(s).2717/2021