SC upholds bail for Azam Khan, wife and son in forgery case
The Supreme Court dismissed the Uttar Pradesh government's appeal as it noted that the order was limited to grant of bail.
The Supreme Court on Thursday dismissed the Uttar Pradesh government’s appeal challenging the bail granted to Samajwadi Party Member of Parliament Mohammad Azam Khan in a case of alleged forgery of his son’s birth certificate.
His son, Abdullah Azam Khan is a member of UP Legislative Assembly from Suar constituency.
Azam Khan’s wife Tazeen Fatima and son are also accused in the forgery case. The Allahabad High Court had granted bail to the trio on October 13 last year against which the UP Government approached the top court. Although Abdulla and Tazeen were immediately released, Azam Khan was released after police had recorded the statement of the complainant in the case.
A bench of Justices Ashok Bhushan, RS Reddy and MR Shah dismissed the state’s appeal as it noted that the order was limited to grant of bail. The Allahabad High Court had further directed the three accused persons not to tamper with the prosecution evidence by intimidating the witnesses during investigation and cooperate during the trial.
The state represented by Solicitor General Tushar Mehta pointed out the concern of the state that the grant of bail should not have a bearing on trial. The bench agreed to make that clarification. In its final order.
{{/usCountry}}The state represented by Solicitor General Tushar Mehta pointed out the concern of the state that the grant of bail should not have a bearing on trial. The bench agreed to make that clarification. In its final order.
{{/usCountry}}“The special leave petitions are dismissed. We make it clear that any observation made in the impugned order shall have no bearing in trial since it was only with regard to granting bail.”
{{/usCountry}}“The special leave petitions are dismissed. We make it clear that any observation made in the impugned order shall have no bearing in trial since it was only with regard to granting bail.”
{{/usCountry}}It was in February 2020, Khan had surrendered along with his wife and son in a Rampur court in the alleged forgery case. The case against the Rampur MP and his family was lodged on a complaint by one Akash Saxena in 2019.
{{/usCountry}}It was in February 2020, Khan had surrendered along with his wife and son in a Rampur court in the alleged forgery case. The case against the Rampur MP and his family was lodged on a complaint by one Akash Saxena in 2019.
{{/usCountry}}Saxena had alleged that Azam Khan and his wife secured two birth certificates for Abdulllah. One was issued by Nagar Palika Parishad, Rampur on January 28, 2012 while the other was issued on April 21, 2015 from Nagar Nigam, Lucknow.
{{/usCountry}}Saxena had alleged that Azam Khan and his wife secured two birth certificates for Abdulllah. One was issued by Nagar Palika Parishad, Rampur on January 28, 2012 while the other was issued on April 21, 2015 from Nagar Nigam, Lucknow.
{{/usCountry}}According to the state government, the matter was serious as Abdullah used the fake birth certificate to contest the Assembly elections which he won. In December 2019, the Allahabad High Court had set aside his election following which in February 2020, the UP Legislative Assembly disqualified him from membership of the House and declared his seat vacant.
The matter is being separately contested by Abdullah in the Supreme Court which had in November last year stayed holding fresh election for the Suar Assembly seat.