BREAKING: Conditions imposed are "Disproportionate": Supreme Court stays condition imposed by Allahabad HC allowing bail to SP Leader Azam Khan

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The Supreme Court on Friday has stayed the condition imposed by the Allahabad High Court granting bail to Samajwadi Party leader Azam Khan stating that the conditions imposed are "disproportionate". The High Court had directed the District Magistrate to demolish a part of the Mohammed Ali Jauhar University.

A bench of Justice DY Chandrachud and Justice Bela M Trivedi noted, "However prima facie the conditions imposed by the High Court are disproportionate."

The bench was hearing the plea filed by Samajwadi Party leader Azam Khan against certain conditions imposed by the Allahabad High Court while allowing him bail in an alleged case of enemy property and using it for the construction of Mohammed Ali Jauhar University.

In addition to this, the bench further noted, "In para 36 of the impugned order the High Court opined that the bail was granted to the petitioner on the ground of age and his medical conditions apart from the fact in most of the cases he has been bailed out."

The bench has directed the para 39 of the High Court order allowing bail to stay till the next date of hearing.

Justice Chandrachud has orally asked Senior Advocate Kapil Sibal appearing for Khan to show this order to the Subdivisional Magistrate stating that the apex court has stayed the specific directions itself.

An FIR had been filed against Azam and others alleging that during the partition of the country, one Imamuddin Qureshi went to Pakistan and his land was recorded as enemy property, but Khan in conspiracy with others took hold of the plot and build Mohammed Ali Jauhar University Trust headed by Khan.

Earlier on Friday i.e May 6, the Supreme Court had expressed its anger over the delay being caused by the Allahabad High Court in pronouncing the order on the bail plea filed by Khan. The bench of Justice L Nageswara Rao and Justice BR Gavai was, however, informed that the High Court had reserved the order on Khan's bail application.

Importantly, the High Court on December 4, 2021, had reserved its decision on Khan’s bail plea in connection with this matter, however, the state government had submitted an application seeking permission to present some new facts through fresh affidavits, and thus, the order in his bail plea got delayed.

Apart from this case, Khan had secured bail in all other cases. However, recently, he was booked on charges of submitting a forged building certificate to obtain recognization for the Rampur Public School where he is the Chairman.

Consequently, a warrant has been issued against him by the MP-MLA court on May 6, according to PTI. Resultantly, he needs to get bail in this matter as well as in the order to come out of Sitapur Jail.

 Case Title: Mohammad Azam Khan v. State Of U.P.