Azam Khan university case: SC seeks UP govt’s response on plea alleging contempt

The Supreme Court on Thursday gave the Uttar Pradesh government one week’s time to explain why the barbed wires, which were used to seal a portion of land for survey of enemy property land inside a university campus belonging to Samajwadi Party leader Mohammad Azam Khan, has not been removed despite the top court staying the survey and all proceedings on May 27

The Supreme Court on Thursday gave the Uttar Pradesh government one week’s time to explain why the barbed wires, which were used to seal a portion of land for survey of enemy property land inside a university campus belonging to Samajwadi Party leader Mohammad Azam Khan, has not been removed despite the top court staying the survey and all proceedings on May 27.

Samajwadi Party leader Azam Khan. (ANI File Photo)

“All consequences from the order of this Court must follow. If you have created any impediments, you must explain,” a bench of justices AM Khanwilkar and JB Pardiwala said. The apex court has posted the matter for July 22 and asked the state government to file its response by Tuesday.

Representing the state, additional solicitor general (ASG) SV Raju sought a longer adjournment for filing response even as senior advocate Kapil Sibal, appearing for Azam Khan, opposed this request.

“They are in contempt of this court’s order. After the order was passed, they are yet to remove the barbed wires and fences. I cannot function and the university cannot remain closed in the meantime. Due to the fencing, the faculty cannot go to their residences,” Sibal said.

Raju told the court that there was no contempt of the SC order and no activity has happened after the date of the order (May 27). The court asked Sibal to wait for a week awaiting the response from the state and said, “He (ASG) says that the interim order of this Court was ex-parte (passed without hearing the other side) and the property in question was sealed long back.”

“In that case we wish to file a contempt application since the state is saying we will not remove the fencing,” Sibal said as the court permitted him to move a contempt application before the next date.

The May 27 direction by the top court came on an appeal filed by Khan challenging a May 10 order of the Allahabad high court that granted him bail in a case where he is accused of usurping enemy property by building the Rampur’s Mohammad Ali Jauhar University around it.

The FIR was registered against him in 2019 under various provisions of cheating, forgery, and criminal conspiracy under the Indian Penal Code (IPC) and Section 3 of the Prevention of Damage to Public Property Act, 1984 for any act of mischief causing damage to public property punishable with a maximum sentence of five years imprisonment.

As one of the conditions for bail, the HC order directed the survey of the alleged enemy property situated within the University and asked Khan to cooperate with this exercise to be carried out by the Rampur district authorities.

The top court stayed this portion of the HC order while issuing notice on Khan’s petition. “Prima facie, the High Court, while imposing conditions for the grant of bail, has exceeded the settled parameters governing the exercise of the jurisdiction under Section 439 of the Code of Criminal Procedure 1973 (CrPC)… Till the next date of listing, the following directions contained in paragraph 39(1) of the impugned order of the High Court shall remain stayed,” the May 27 order said.

Khan was arrested in connection with this case in February 2020.