The Supreme Court on Wednesday agreed to hear Samajwadi Party (SP) leader Azam Khan’s plea against the Uttar Pradesh government’s action for taking over Mohammad Ali Jauhar University in the state on September 29.
Azam Khan’s plea was mentioned in the Supreme Court by senior advocate Kapil Sibal. Senior Advocate Kapil Sibal said that his client, who was facing 87 cases, got bail with great difficulty. Later, three more cases were lodged against him on the allegations of corruption, he said.
Senior Advocate Sibal further said that now they have taken over the university, closed down the mess and have broken the walls. He also mentioned that teachers are not allowed to go to classes.
A bench headed by Justice UU Lalit said that let the matter be listed tomorrow.
Earlier on July 22, the Supreme Court set aside the condition imposed by the Allahabad High Court, while granting interim bail to Samajwadi Party (SP) leader Azam Khan, relating to the sealing of Mohammad Ali Jauhar University and directed the concerned authority to de-seal the buildings.
Allahabad HC had imposed the conditions to seal the property while granting interim bail to Azam Khan.
The Supreme Court had earlier stayed the condition imposed by the Allahabad High Court directions to the District Magistrate to hold a measurement of Mohammad Ali Jauhar University as a part of the condition of the bail granted to Azam Khan.
Khan has moved a plea against the impending threat of demolition of Mohammad Ali Jauhar University as part of his bail condition. The Court had stayed the conditions till further orders.
Khan apprehended that conditions imposed by the Allahabad High Court may lead to demolishing of the buildings of Jauhar University.
The top court had said that Allahabad High Court while imposing conditions for grant of bail has exceeded the settled parameters laid down in certain sections of the Code of Criminal Procedure (CrPC).
The top court also said that prima facie conditions imposed for the grant of bail are disproportionate and have no reasonable link to the means to secure the presence of the accused.
On May 10, the Allahabad High Court granted interim bail to Khan in a case related to wrongful possession of the land. The case pertained to wrongful possession of Waqf Board property.
The Allahabad High Court had imposed various conditions including directions to the District Magistrate, Rampur being a representative of Custodian/Administrator of Evacuee/Enemy Property, to hold a measurement of the landed property in dispute which is the centre dispute of this issue admeasuring area of 13.842 hectares village Singhan Khera, Rampur district and thereafter, raise a boundary wall and barbed wire around it to take the actual physical possession of the property in dispute on behalf of the administrator of evacuee property Mumbai latest by June 30, 2022.