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SC grants bail to Azam Khan, son in forgery case
It said the two will be released only after the trial court records the statement of the complainant in the case. The court directed the trial court to complete the exercise within four weeks and file a compliance report before the top court
The Supreme Court on Tuesday granted bail to former Uttar Pradesh minister Azam Khan and his son, Abdullah Khan, in a forgery case. It said the two will be released only after the trial court records the statement of the complainant in the case. The court directed the trial court to complete the exercise within four weeks and file a compliance report before the top court.
The two approached the top court after they were denied bail by the Allahabad high court in November 2020. The case against them was filed on the basis of Bharatiya Janata Party leader Akash Saxena’s complaint in 2019. Saxena has accused Azam Khan of obtaining forged identity documents such as a PAN card and Passport for his son to enable him to fight the 2017 assembly elections. A person needs to be aged above 25 to contest elections.
The prosecution has said the original birth certificate of Abdullah Khan showed his date of birth as January 1, 1993. But to be eligible to contest elections, he allegedly obtained a new birth certificate showing his date of birth as September 30, 1991. The charge sheet filed in the case accuses the two of forging the PAN card and passport to establish the changed date of birth.
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Appearing for the Uttar Pradesh government, additional solicitor general SV Raju described Azam Khan as a “habitual forger” and cited a case of grabbing property using forged land records pending against him.
The Supreme Court noted it was a fit case for bail as Azam Khan was arrested in this forgery case in February 2020 and since then an investigation had been completed and a charge sheet was filed in May last year.
A bench of Justices AM Khanwilkar and Sanjiv Khanna said this is a case based on documentary evidence. “Is it fair to keep a person in custody when there is evidence on both sides? Already the courts are overflowing with cases, and delay is a systematic problem unless you can assure that the trial will be completed within a fixed time.”
Raju said that the accused have moved an application seeking discharge in this case which is listed on Wednesday before the trial court. “The accused is influential, and witnesses are scared of him.” He sought protection for the complainant whose statement is yet to be recorded by the trial court.
Senior advocates Kapil Sibal and S Wasim Qadri, who appeared for the two accused, argued this was a case of political vendetta as multiple cases were filed against the two accused without reason.
