The Supreme Court on Wednesday refused to grant interim relief to the son of Samajwadi Party leader Azam Khan. In fact, former MLA Abdullah Azam, convicted in the protest case, had demanded in the petition that the lower court of Uttar Pradesh be ordered not to pass any verdict against him until his claim of being a minor is confirmed.
Earlier, the apex court had on September 26 directed the District Judge of Moradabad to decide the aspect of Mohammad Abdullah Azam Khan being a minor under the Juvenile Justice Act and send the decision to him for further consideration.
Citing this order, senior advocate Kapil Sibal, appearing for Abdullah Azam Khan, told the bench of Justice MM Sundaresh and Justice Prashant Kumar Mishra on Wednesday that until the report is presented on the claim of being a minor, Allahabad The High Court should be asked not to proceed further in the pending criminal case.
Sibal further said that the sky will not fall if the High Court does not pass the final order. He said that sometimes the law becomes an obstacle in the way of justice. This is a similar case. However, the court was not in favor of granting relief. The bench said that no concrete reason was found for passing any interim order at this stage. Earlier, the top court had asked the Moradabad district court to ascertain the claim of being a minor and send a report to it.
Let us tell you that on January 29, 2008, during police checking in Chhajlat of Moradabad, when the police stopped the car of SP leader Abdullah Azam for checking, Abdullah Azam sat on a dharna there. On this, the police had registered an FIR against Abdullah Azam and many other SP leaders. In this case, Allahabad High Court has convicted Abdullah Azam and sentenced him to two years.
Abdullah Azam's legislature was canceled after he was sentenced to two years in prison. On April 5, the Supreme Court had requested the High Court to quickly hear Abdullah's petition and take a decision. The apex court had also said that the High Court should also note that the Election Commission is going to issue notification of by-election on Abdullah's seat (Swar). Later the High Court rejected Abdullah's petition. After this Abdullah has moved the Supreme Court. Abdullah says that he was a minor at the time of the incident.
Case Title - Mohammad Abdullah Azam Khan v. State of Uttar Pradesh
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