New Delhi [India], April 5 : The Supreme Court on Wednesday requested the Allahabad High Court to decide at the earliest the plea of disqualified Samajwadi Party (SP) MLA Mohammad Abdullah Azam Khan seeking a stay of his conviction in a matter related to a protest in 2008.
The direction of the bench of justices KM Joseph and BV Nagarathna came while hearing
Mohammad Abdullah Azam Khan's plea.
The top court requested the Allahabad HC to hear the matter on April 10 and decide the application for stay as early as possible.
Senior advocate Vivek Tankha and advocate Sumeer Sodhi appeared for Abdullah Khan, son of SP leader Azam Khan.
Mohammad Abdullah Azam Khan claiming that he was a juvenile as on the date of the incident, has challenged the Allahabad High Court order dated March 17.
Khan was disqualified from Uttar Pradesh Legislative Assembly after he was convicted and sentenced to two-year imprisonment in a 15-year-old case. Abdulla Khan was representing Suar constituency in Rampur district in the Assembly.
Khan and his father were convicted by a local court in Uttra Pradesh of allegedly using criminal force to deter a public servant from discharging his duty and other provisions of the Indian Penal Code (IPC) in a matter pertaining to a dharna on a state highway in January 2008.
Abdullah Azam Khan moved Allahabad High Court against the trial court order seeking suspension of his sentence.
On February 13, the trial court convicted Abdullah Khan for offences punishable under Section 353, 341 IPC and 7 Criminal Law Amendment Act, 1932, and sentenced him to undergo two years of simple imprisonment.
Subsequent to the February 13, 2023 trial court order convicting Khan, the Assembly Secretariat, Uttar Pradesh Legislative Assembly on February 15 notified that the Constituency seat of Suar in Rampur district has become vacant.
Khan appealed to the Court of Additional Sessions Judge, Rampur against the order of the trial court and also filed an application for a stay of conviction and sentence. However, the Sessions Court dismissed the said application on February 28. After that, Khan approached the High Court against the order.
Khan in his petition said that he believes that during the pendency of the Application before the High Court, the by-election to the Rampur Constituency would be announced. Khan said he is concerned that if such an announcement is made and thereafter, the High Court passes a stay order the same would be rendered moot due to the announcement of the by-elections.
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