The Supreme Courtroom on Wednesday declined to grant interim aid to Samajwadi Get together chief Azam Khan’s son that the trial court docket in Uttar Pradesh be requested to not move a ultimate order in a pending legal case towards him until his declare of juvenility is ascertained.
The highest court docket, on September 26, had directed the Moradabad District Decide to determine the facet of the juvenility of Mohammad Abdullah Azam Khan in accordance with the process underneath the Juvenile Justice Act and ship the discovering to it for additional consideration.
Referring to this order, senior advocate Kapil Sibal, showing for Abdullah Azam Khan, on Wednesday informed a bench of Justices M M Sundresh and Prashant Kumar Mishra that until the report on juvenility is filed, the opposite trial court docket be requested to not proceed with a pending legal case and convict the accused.
“Heavens are not going to fall if the trial court does not pass the final order… Sometimes law stands in the way of justice. This is that kind of case,” the senior advocate mentioned.
The court docket, nonetheless, was not inclined to grant the aid and mentioned: “We find no reason to pass any interim order at this stage. As per earlier order, post the main matter after the report on juvenility is filed”.
Earlier, the highest court docket had requested the Moradabad district court docket to establish the declare of juvenility and ship the report back to it.
This order was handed in a 2008 legal case during which Abdullah Azam Khan was convicted and was, consequently, disqualified as an MLA. A legal case was registered in 2008 towards Abdullah Azam Khan and his father Azam Khan on the Chhajlet police station in Moradabad underneath sections 341 (wrongful restraint) and 353 (assault or legal power to discourage public servant from discharge of his responsibility) of the Indian Penal Code (IPC).
It was alleged that that they had blocked visitors after their car was stopped by police for checking. In February, Abdullah Azam Khan was sentenced to 2 years in jail within the case by a Moradabad court docket, which led to his disqualification as an MLA within the Uttar Pradesh Meeting.
On Could 1, the highest court docket had sought the Uttar Pradesh authorities’s response to a plea moved by Abdullah Azam Khan, difficult the excessive court docket choice refusing to remain his conviction within the 15-year-old legal case.
The highest court docket had then clarified that the election to the Suar Meeting seat, which fell vacant after Abdullah Azam Khan’s disqualification, scheduled for Could 10, shall be topic to the end result of his petition.
Apna Dal’s Shafeek Ahmed Ansari had gained the Suar seat. Abdullah Azam Khan has claimed that he was a juvenile when the incident befell. Rejecting his software, the excessive court docket had noticed: “In fact, the applicant is trying to seek a stay of his conviction on absolutely non-existent grounds. It is a well-settled principle of law that a stay of conviction is not a rule but an exception to be resorted to in rare cases.”
“Disqualification is not limited only to MPs and MLAs. Moreover, as many as 46 criminal cases are pending against the applicant. It is now the need of the hour to have purity in politics. Representatives of people should be men of clear antecedents,” the court docket had noticed.
The extra chief judicial Justice of the Peace (ACJM) sentenced the father-son duo to 2 years’ imprisonment and likewise imposed a superb of Rs 3,000 every on them on February 13. They had been subsequently granted bail.
Two days after the conviction and sentence, Abdullah Azam Khan was disqualified from the Uttar Pradesh Legislative Meeting.