6/19/22, 12:33 AM Azam Khan Case : Supreme Court Stays HC's Bail Condition That District Magistrate Should
ate Should Take Over Jauhar University Land
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Azam Khan Case : Supreme Court Stays HC's
Bail Condition That District Magistrate Should
Take Over Jauhar University Land
Sohini Chowdhury 27 May 2022 3:34 PM
https://www.livelaw.in/top-stories/azam-khan-case-supreme-court-stays-hcs-bail-condition-that-district-magistrate-should-take-over-jauahr-university-l… 1/23
6/19/22, 12:33 AM Azam Khan Case : Supreme Court Stays HC's Bail Condition That District Magistrate Should Take Over Jauhar University Land
The Supreme Court on Friday stayed the directions issued by the Allahabad High Court
while granting bail to SP leader Azam Khan that the District Magistrate should take
possession of the premises of the Mohammed Ali Jauhar University, which is run by a
Trust headed by Khan.
The vacation bench of Justices DY Chandrachud and Bela M Trivedi was of the opinion
that, prima facie, the said conditions imposed for grant of bail are disproportionate and
have no reasonable nexus with the object of securing the presence of the accused or to
see to it that the trial is not impeded in any manner.
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6/19/22, 12:33 AM Azam Khan Case : Supreme Court Stays HC's Bail Condition That District Magistrate Should Take Over Jauhar University Land
In the impugned order, the High Court, while granting bail to Azam Khan in an alleged
case of grabbing Enemy Property and using it for the construction of the Mohammad Ali
Jauhar University, had directed the Rampur District Magistrate to take possession of the
property attached to the campus of Jauhar University by June 30, 2022, and raise a
boundary wall with barbed wire around it.
Senior Advocate, Mr. Kapil Sibal appeared for Khan before the Supreme Court.
Also Read - Supreme Court Weekly Round Up : June 13 - June 18,2022
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The Court Bench found the condition pertaining to granting possession of the disputed
property to the District Magistrate, Rampur, to be disproportionate.
"In para 36 of the Impugned Order the High Court opined that bail was granted to the
petitioner on the ground of age and his medical condition apart from the fact in "most of
the cases in which the prosecution were initiated against him he has been bailed out".
However, prima facie, the conditions imposed for grant of bail are disproportionate and
have no reasonable link with securing the presence of accused and to see trial is not
https://www.livelaw.in/top-stories/azam-khan-case-supreme-court-stays-hcs-bail-condition-that-district-magistrate-should-take-over-jauahr-university-l… 3/23
6/19/22, 12:33 AM Azam Khan Case : Supreme Court Stays HC's Bail Condition That District Magistrate Should Take Over Jauhar University Land
impeded. In para 40 the Single Judge has observed that the present order may sound like
a decree of civil court deciding title of the land. Yet, prima facie, while imposing
conditions HC has exceeded the settled parameter exercising jurisdiction under S. 439 of
CrPC. Issue notice. Till the next date of listing the following directions of HC in para 39
shall remain stayed ".
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The High Court had orderd as follows :
"...the District Magistrate, Rampur being a representative of Custodian/Administrator of
Evacuee/Enemy Property is directed to hold a measurement of the landed property in
dispute which is center dispute of this issue admesuring area 13.842 hectares village
Singhan Khera, Pargana and Tehsil-Sadar, District Rampur and thereafter raise a
boundary wall and barbed wire around it and take the actual physical possession of the
property in dispute on behalf of Administrator of Evacuee Property Mumbai latest by
30.6.2022".
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The HC further ordered :
"The Custodian Evacuee Property Mumbai is requested to hand over the property in
dispute to some para military forces for their training purposes, as already done in the
year 2014. The interim bail/regular bail shall be subject to the following further
conditions"
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6/19/22, 12:33 AM Azam Khan Case : Supreme Court Stays HC's Bail Condition That District Magistrate Should Take Over Jauhar University Land
The Bench was also apprised by Mr. Sibal that notices have been issued to demolish the
buildings in the concerned property.
"Now see what is happening. They want to demolish the building."
Noting that the said notices were issued pursuant to the bail conditions imposed by the
High Court which has now been stayed, the Bench said Khan can approach the Sub-
Divisional Magistrate apprising them of the present order of the Apex Court -
"They have relied on the HC order. You can show this to the Sub-divisional Magistrate.
This is exactly what we have stayed."
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The FIR in the instant case was filed against Azam and others alleging that during the
Partition of the Country, one Imamuddin Qureshi went to Pakistan and his land was
recorded as enemy property, but Khan, in collusion with others, grabbed the plot and on
that very property Mohammed Ali Jauhar University was built by a trust headed by Khan.
On April 18, the Supreme Court had stayed the order passed by the District Magistrate to
take over nearly 400 acres of land allotted to the University.
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6/19/22, 12:33 AM Azam Khan Case : Supreme Court Stays HC's Bail Condition That District Magistrate Should Take Over Jauhar University Land
It may also be noted that the Top Court on May 19 had while invoking its power under
Article 142 of the Constitution of India had granted interim bail to Khan in a forgery case
and directed him to file an application for regular bail before the competent court within
two weeks. The Court had further said that the interim bail would operate till the court
decides the application for regular bail. "If the court's decision is against the grant of
regular bail, the interim bail will operate for a further period of two weeks," the Court had
added.
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6/19/22, 12:33 AM Azam Khan Case : Supreme Court Stays HC's Bail Condition That District Magistrate Should Take Over Jauhar University Land
Azam Khan was represented by Senior Advocate, Mr Kapil Sibal, Advocate, Mr. Nizam
Pasha. The present SLP was filed by Advocate-on-Record, Mr. Lzafeer Ahmad B F.
[Case Title: Mohd Azam Khan v State of UP| Diary No 16482 of 2022]
Click Here To Read/Download Order
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6/19/22, 12:33 AM Azam Khan Case : Supreme Court Stays HC's Bail Condition That District Magistrate Should Take Over Jauhar University Land
Page 1 of 3
1
ITEM NO.19 COURT NO.2 SECTION II
SUPREMECOURTOFINDIA
RECORD OF PROCEEDINGS
Petition(s) for Special Leave to Appeal (Crl.)
No(s).5315/2022
(Arising out of impugned final judgment and order dated 10-
in CRMBA No. 40580/2021 passed by the High Court of
05-2022
Allahabad)
Judicature at
MOHAMMAD AZAM KHAN Petitioner(s)
VERSUS
THE STATE OF UTTAR PRADESH Respondent(s)
(FOR ADMISSION and I.R. and IA No.80572/2022-
C/C OF THE IMPUGNED
EXEMPTION FROM FILINGJUDGMENT and IA No.80571/2022-
FILING O.T. and
EXEMPTION FROMIA No.80576/2022-PERMISSION TO FILE
DOCUMENTS/FACTS/ANNEXURES)
ADDITIONAL
Date : 27-05-2022 This petition was called on for hearing
today.
CORAM
HON'BLE
: DR. JUSTICE D.Y.
HON'BLE
CHANDRACHUDMS. JUSTICE BELA M.
TRIVEDI
For Petitioner(s) Mr. Kapil Sibal, Sr. Adv
Mr. Mohd. Nizamuddin
Mr. Lzafeer
Pasha, Adv.Ahmad B. F.,
Mr.
AOR Aditya Samaddar,
Mr.
Adv.Ahmad Ibrahim,
For Adv.
Respondent(s)
UPON hearing the counsel the Court made the
O R D following
ER
1 In paragraph 36 of its impugned order dated 10 May 2022,
the High Court
opined that bail was being granted to the petitioner on the
grounds
his of age
medical and apart from the fact that “in most of
condition
the cases in were
prosecution whichinitiated
the against him, he has been
bailed facie,
prima out”. However,
the conditions which have been imposed by
the High
grant Court
of bail arefor the
disproportionate and have no reasonable
nexus to the
Page 2 of 3
2
conditions which are required to be imposed to secure the
presence of the
accused and to ensure that the fairness of the
trial is not impeded.
2 In paragraph 40 of the impugned order, the Single Judge has
observed
presentthatorder
“the in this bail application may sound like a
decree of
dealing and thedeciding
civil court
the title over the property”. Prima
facie, the High Court,
while imposing conditions for the grant of bail, has
exceeded
parametersthe settled the exercise of the jurisdiction
governing
under
Code ofSection 439 of the
Criminal
Procedure 1973.
3 Issue notice, returnable on 14
July 2022. Page 1 / 3
4 Till the next date of listing, the following directions contained
in paragraph 39(1) order of the High Court
of the impugned
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