[Birth Certificate Forgery Case] Supreme Court refuses to transfer case filed against Azam Khan and son Abdullah
![[Birth Certificate Forgery Case] Supreme Court refuses to transfer case filed against Azam Khan and son Abdullah](https://lawbeat.in/sites/default/files/news_images/Azam Khan Supreme Court_0_0_0_0.jpg "[Birth Certificate Forgery Case] Supreme Court refuses to transfer case filed against Azam Khan and son Abdullah")
It has been claimed that as per Abdullah’s educational certificates, he was born on January 1, 1993 whereas according to his birth certificate, 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 to participate in the 2017 elections.
The Supreme Court today refused to entertain a plea filed by Samajwadi Party leaders Mohd Azam Khan & his son Abdullah Khan to transfer their trial in Abdullah Azam Khan's birth certificate forgery case, outside Uttar Pradesh.
As per Abdullah’s educational certificates, he was born on January 1, 1993 whereas according to his birth certificate, his date of birth was September 30, 1990. It has been alleged by the prosecution that the birth certificate issued by the Lucknow Nagar Nigam was meant to help Abdullah to participate in the 2017 elections and his AADHAAR card & PAN cards were also not issued before 2015.
Senior Advocate Kapil Sibal, appearing for Khan and his son submitted before Court today that a transfer was being sought because of the State and not the judge.
CJI Chandrachud, however, did not agree with the submissions and asked if the High Court had been approached.
"Please approach the High Court under Section 482 CrPC...", the CJI said.
Thus, while denying the transfer plea Court observed that it needed more evidence to allow a transfer plea.
In July last year, the Supreme Court had dismissed Khan's plea seeking direction to quash the charge sheet in his son Abdullah Azam Khan's birth certificate forgery case.
A bench of Justice Hemant Gupta and Justice Vikram Nath had said that they could not find any reason to interfere with the matter.
Earlier, the top court, as an interim order, had granted bail to Azam Khan and Abdullah Khan, after the Allahabad High Court refused to allow the same. Court had issued directions stating that they be released on Bail after the Trial Court in UP records the statement of Azam Khan, within four weeks.
The First Information Report in the case was registered against Azam Khan for offences under Sections 420, 467, 468, 471, 120B of IPC & against Abdullah Khan for offences under Sections 420, 467, 468, 471 of IPC & Section 12(1A) Passport Act, 1967.
Case Title: Mohammad Azam Khan vs. State of Uttar Pradesh