The Supreme Court docket Friday put aside a situation imposed by the Allahabad Excessive Court docket whereas granting bail to Samajwadi Celebration MLA Azam Khan and mentioned it’s “disturbed” in regards to the new development the place courts are referring to issues that are “unrelated” to the consideration of bail pleas. The apex courtroom put aside the situation imposed by the excessive courtroom which had directed the District Justice of the Peace of Rampur in Uttar Pradesh to take possession of land connected to the Jauhar College campus in Uttar Pradesh.
Observing that it’s changing into a “sample now,” that unrelated issues are considered whereas coping with bail pleas, a bench of Justices A M Khanwilkar and J B Pardiwala mentioned the courts should confine it to the applicant and the case earlier than it. “We’re getting such order repeatedly. Solely two days again, we had the event to put aside comparable order,” the bench noticed.
“It’s changing into a sample now. In bail and anticipatory bail, you confine it to the bail applicant and the case earlier than you. How can different issues be related? This can be a new characteristic which we’re noticing from totally different orders,” it noticed. Whereas setting apart the bail situation imposed by the excessive courtroom directing the District Justice of the Peace to take possession of the land, the apex courtroom retained the opposite circumstances which had been related for the grant of bail to Khan, who’s the Chancellor of Mohammad Ali Jauhar College.
“That is one more matter the place we discover that the excessive courtroom has referred to issues that are unrelated to the consideration of prayer for bail regarding the crime registered in opposition to the involved accused,” the bench mentioned. It famous that Extra Solicitor Common (ASG) S V Raju, showing for the state, has urged the courtroom to impose further circumstances that Khan be directed to chorus from getting into Rampur district in the course of the bail interval. “We aren’t impressed by this submission,” the bench mentioned.
In the course of the arguments, the ASG urged the bench to impose a situation that Khan shouldn’t enter Rampur district for not less than six months because the witnesses are there and he’s a really influential individual. The apex courtroom mentioned the authorities, appearing upon the observations made within the excessive courtroom judgement, had initiated motion together with sealing of sure premises as famous in a Could 18 communication.
“All actions taken by the income authorities or state authorities in reference to the observations made within the impugned bail order dated Could 10, 2022, be deemed to have been effaced from the report,” it mentioned. Nonetheless, the bench mentioned it will not preclude the competent authority to provoke motion independently primarily based on different tangible materials, info/paperwork, or proof obtainable to provoke motion below the involved laws, together with in respect of the administration and properties of the college.
“By way of these observations, we direct the joint Justice of the Peace/deputy district Justice of the Peace to take fast steps for unsealing the property referred to within the communication dated Could 18, 2022,” the bench mentioned. It noticed that the excessive courtroom, having famous the stand taken by the applicant earlier than it, should have handled solely these features of the matter and never ventured into points that had been utterly unrelated to the consideration of prayer for bail.
The bench, whereas retaining the opposite circumstances imposed by the excessive courtroom, noticed that these circumstances shall function in the course of the bail interval and Khan should adhere to them. “Mr. ASG we must always inform you that we’re disturbed about this development,” the bench orally noticed. The highest courtroom disposed of the pleas, together with the attraction filed by Khan in opposition to the Could 10 order of the excessive courtroom.
In the course of the listening to, senior advocate Kapil Sibal, showing for Khan, referred to the situation imposed by the excessive courtroom directing the District Justice of the Peace to take possession of the land and mentioned the apex courtroom had on Could 27 stayed it. The ASG mentioned Khan shouldn’t be granted bail as there are allegations of encroachment upon authorities land. The bench mentioned the state has not challenged the grant of bail to Khan.
“You’re making half-hearted makes an attempt,” the bench noticed, including, “We are going to put aside this a part of the order.” On Could 27, a trip bench of the highest courtroom stayed the excessive courtroom’s bail situation imposed on Khan directing the District Justice of the Peace to take possession of the land connected to the Jauhar College campus. It had mentioned that prima facie the bail situation imposed on Khan was disproportionate and appears like a decree of a civil courtroom. On Could 10, the excessive courtroom whereas granting interim bail to Khan directed the Rampur District Justice of the Peace to take possession of the enemy property connected to the campus of Jauhar College by June 30, 2022, and lift a boundary wall with barbed wire round it.
It had mentioned that on completion of the talked about train of taking possession of the land to the satisfaction of the DM, Rampur, the interim bail of Khan shall be transformed into common bail. On Could 19, the highest courtroom whereas exercising its powers below Article 142 of the Structure granted Khan (73) interim bail in an alleged dishonest case paving method for his launch from jail.
Khan, who’s an MLA from Rampur Sadar constituency, was lodged within the Sitapur jail of the State for greater than two years. An FIR was lodged at Azem Nagar police station in Rampur in opposition to Khan and others in 2019 for alleged grabbing of enemy property and misappropriation of public cash of greater than lots of of crores of rupees.