Abdullah Azam Khan stated his conviction is unsustainable as he was a minor throughout the offence
New Delhi:
The Supreme Courtroom on Wednesday refused to remain the conviction and sentence of senior Samajwadi Celebration (SP) chief Azam Khan’s son Abdullah Azam Khan in a 15-year-old case with out listening to the state.
A bench of justices KM Joseph and BV Nagarathna requested senior advocate Vivek Tankha and advocate Sumeer Sodhi to serve the copy of the petition to the standing counsel of Uttar Pradesh authorities and posted the matter for additional listening to on April 5.
Tankha stated Khan was a juvenile on the time of offence and therefore his conviction and sentence be stayed.
“Sorry, for that we must hear the state additionally,” the bench stated.
Throughout the listening to, Tankha stated Khan was juvenile on the time of incident and the excessive court docket has erred in not staying the session court docket’s order.
In his plea filed by Sodhi, Khan stated he has challenged the order of Allahabad Excessive Courtroom dated March 17 by which it had requested the state to answer the attraction in three weeks.
“The excessive court docket failed to understand the truth that if the applying isn’t determined expeditiously then the identical can be rendered infructuous and the petitioner would endure irreparable hurt which no court docket of competent jurisdiction would have the ability to undo even when the applying is determined in favour of the petitioner,” it stated.
Giving the element of the case, he stated the trial court docket had on February 13, convicted him for offences punishable underneath part 353 and 341 of IPC and different offences and sentenced him to bear two years of straightforward imprisonment with a effective of Rs 2,000.
He stated subsequent to the order of the trial court docket, the Uttar Pradesh Legislative Meeting secretariat on February 15, notified that Suar constituency of Rampur district of Uttar Pradesh has change into vacant with impact from February 13.
Khan stated he appealed the decision of the trial court docket earlier than extra classes decide Rampur and likewise filed an software for keep of conviction and sentence however the court docket on February 28 dismissed the plea and software.
He stated that on the identical day he approached the excessive court docket towards the order of the classes court docket however the excessive court docket on March 17, granted a time interval of three weeks to the state authorities to answer his plea.
“In a nutshell, the case of the SLP petitioner earlier than this court docket is that the impugned order handed by the excessive court docket is dangerous in legislation because the stated order is handed with out making an allowance for the pressing requirement of the problems concerned within the software most well-liked by the petitioner,” the plea stated.
Khan stated that non-adjudication of his software in a time sure method would render the identical infructuous and subsequently it’s crucial that the excessive court docket considers the applying as quickly as attainable, given the potential penalties of the conviction and sentence, which can embrace re-election on his meeting seat within the meeting.
“The petitioner believes that throughout the pendency of the applying earlier than the excessive court docket, by-election to the Rampur constituency can be introduced. The petitioner is worried that if such an announcement is made and thereafter, the excessive court docket passes a keep order the identical can be rendered moot because of the announcement of the by-elections,” his plea stated.
Khan stated his conviction is legally unsustainable as he was a minor when the offence was dedicated.
“There are judicial orders to the impact that the date of start of the petitioner is January 1, 1993, therefore the petitioner was merely 15 years previous on the time of fee of the offence in query. Accordingly, your complete trial proceedings are flawed,” he stated.
The FIR towards Khan, Azam and 7 others was lodged in 2008.
Khan had sat on dharna on a state freeway on January 29, 2008 as their cavalcade was stopped by police for checking within the wake of an assault on a Central Reserve Police Pressure (CRPF) camp in Rampur in Uttar Pradesh on December 31, 2007.
The FIR was lodged on the Chhajlait police station.
Whereas Khan and Azam have been sentenced to 2 years in jail underneath part 353 (prison drive to discourage public servant from discharge of his responsibility) and different provisions of the Indian Penal Code (IPC), the seven different accused have been exonerated.
(Apart from the headline, this story has not been edited by Ednbox employees and is revealed from a syndicated feed.)
