The Supreme Court on Wednesday asked the Allahabad high court to take up on April 10 the plea filed by senior Samajwadi Party (SP) leader Azam Khan’s son Mohammad Abdullah Azam Khan seeking suspension of his conviction in a 15-year-old case for staging a dharna on a state highway.
The Supreme Court also asked the high court to consider passing an order at the earliest since the election process for the Suar assembly seat, in Uttar Pradesh, vacated by him is to commence on April 13.
Abdullah Azam Khan had approached the top court for staying his conviction in a 2008 case where he was held guilty of assaulting, use of criminal force against a public servant to deter him in discharging his duties. The trial court order of February 13 convicted him under Section 353 of the Indian Penal Code (IPC) and awarded him two years maximum punishment. Due to this, he incurred disqualification under the Representation of Peoples Act. Within two days, the Uttar Pradesh Assembly secretariat disqualified him.
The bench of justices KM Joseph and BV Nagarathna noted that Khan had already filed a petition in the Allahabad high court for the stay of conviction. On March 17, the HC issued notice to the state government and directed the matter to be taken up after three weeks. Aggrieved by this interim order, Khan approached the top court apprehending that the EC will declare election to the Suar assembly seat left vacant by his disqualification.
{{/usCountry}}The bench of justices KM Joseph and BV Nagarathna noted that Khan had already filed a petition in the Allahabad high court for the stay of conviction. On March 17, the HC issued notice to the state government and directed the matter to be taken up after three weeks. Aggrieved by this interim order, Khan approached the top court apprehending that the EC will declare election to the Suar assembly seat left vacant by his disqualification.
{{/usCountry}}On March 29 when the top court took up Khan’s petition, the Election Commission announced election schedule to Suar constituency which declared the notification for poll to be issued on April 13.
The court order said, “We direct the appellant shall be present before the high court on April 10. We request the high court to call the case in question. The respondent (UP government) will cooperate in taking up the application (for stay of conviction).” Referring to the EC decision to conduct polls, the bench further added, “Needless to say, the high court will bear in mind the need for passing order at the earliest,” while referring to the EC deadline for issue of poll notification.
The state government represented by additional solicitor general (ASG) KM Nataraj informed the court that as on date, there is no election notification and it is up to the petitioner to request the HC for an early date.