Supreme Court rejects Azam Khan’s Transfer petition Case to another state

Supreme Court rejects Azam Khan’s Transfer petition Case to another state

On January 4, the Supreme Court's three-judge bench, comprised of CJI DY Chandrachud, Justice Abdul Nazeer, and Justice PS Narasimha, refused to hear Samajwadi Party Leader Azam Khan's petition to transfer his cases from the state of Uttar Pradesh. The bench stated that if Khan was dissatisfied with any order, he could appeal to higher courts. The bench ruled that an incorrect order is not grounds for inferring bias and transferring the trial from the state.

CJI Chandrachud said–

"You can approach the Allahabad High Court under Section 482 of the CrPC. Today trial is being conducted and witness statements are being recorded. This is not a ground for transfer. Can you not challenge this order before the High Court? You can always ask for a transfer before any other district of the State of UP. But you're saying that they won't hear your plea anywhere in the State! Sorry, we can't transfer."

Senior Advocate Kapil Sibal argued on behalf of Azam Khan that he will not receive a fair trial in the state of Uttar Pradesh in the various cases filed against him. To demonstrate the alleged bias, Sibal stated that he was convicted in a case while his Section 482 petition seeking additional evidence was pending in the High Court, and that the conviction cost him the Rampur seat. He claimed Khan was being "harassed" by hundreds of FIRs filed against him in the state. He claimed that the police were using forged documents against him and that the trial court was proceeding without contemplating his objections.

Case Title: Mohammad Azam Khan v. State of UP 
Diary No. 25586/2021

 

 

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