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Synopsis

The Supreme Court on Friday granted regular bail to Samajwadi Party Leader Azam Khan in a case of encroaching upon enemy property and using it for the construction of Mohammed Ali Jauhar University while setting aside certain conditions imposed by Allahabad High Court in an interim bail order imposing unrelated bail conditions.

A bench of Justice AM Khanwilkar and Justice JB Pardiwala said, "The authorities must do their work, we have no objections, but this cannot be a condition for a bail order. They may take action under any other Act, we have no problem."

The bench was hearing a plea filed by Khan against certain conditions imposed by the Allahabad High Court. The High Court had directed the District Magistrate to demolish a part of the Mohammed Ali Jauhar University.

Senior Advocate Kapil Sibal appearing for Khan submitted that the notice has been served on us and they sealed the property even when they were told that Khan has moved an SLP.

To which, Justice Khanwilkar said, "You'll have to restore the status quo Mr. ASG (ASG SV Raju). We are disturbed about this trend."

However, ASG Raju submitted that Khan has nothing to do with the property, the encroachment is done by the University and the farmer's and poor person's land has been encroached and it is when the FIR was lodged.

Additionally, Sibal submitted that some of the other conditions are very harsh like Khan will be supposed to be present before the Court on every occasion. In this regard, Justice Khanwilkar rejected the argument stating, "You should be present on some occassions before the Court and then you can seek relaxation."

The bench noted, "This is yet another matter where the High Court has referred to matters which are unrelated to the reference to bail. The High Court ought to consider only the aspect of the matter and should not go into the aspects unrelated to bail."

The Court set aside a part of the order while retaining the conditions that are relevant to the bail order.

"These conditions shall operate during the bail period and the appellant must strictly adhere to those conditions without exception," the bench added.

It was further ordered that this order will not stop the authorities to initiate proceedings against the appellant based on available records, whereas, not under this bail order.

The District Magistrate and other officers shall take immediate action for de-sealing the property, the bench added.

Earlier, the Top Court had stayed the condition imposed by the Allahabad High Court granting bail to Samajwadi Party leader Azam Khan stating that the conditions imposed are "disproportionate".

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