SC sets aside High Court order regarding bail condition on Azam Khan

The Supreme Court Friday set aside a part of the Allahabad High Court order concerning bail conditions imposed on Samajwadi Party MLA Azam Khan by which the District Magistrate of Rampur was directed to take possession of land attached to the Jauhar University campus.

The apex court observed that it is "disturbed about this trend" where the high court has referred to a matter which is unrelated to the consideration of prayer for bail.

While setting aside the bail condition imposed by the high court directing the District Magistrate to take possession of the land, a bench of Justices A M Khanwilkar and J B Pardiwala retained the other conditions which were relevant for the grant of bail to Khan, who is the Chancellor of Jauhar University.

"This is yet another matter where we find that the high court has referred to matters which are unrelated to the consideration of prayer for bail relating to the crime registered against the concerned accused," the bench said.

It noted that Additional Solicitor General S V Raju, appearing for the state, has urged the court to impose additional conditions that Khan be directed to refrain from entering Rampur district during the bail period.

"We are not impressed by this submission," the bench said.

The apex court said the authorities, acting upon the observations made in the high court judgement, had initiated action including sealing of certain premises as noted in a May 18 communication.

"All actions taken by the revenue authorities or state authorities in reference to the observations made in the impugned bail order dated May 10, 2022, be deemed to have been effaced from the record," it said.

However, the bench said it would not preclude the competent authority to initiate action independently based on other tangible material, information/documents, or evidence available to initiate action under the concerned legislation, including in respect of the management and properties of the university.

"In terms of these observations, we direct the joint magistrate/deputy district magistrate to take immediate steps for unsealing the property referred to in the communication dated May 18, 2022," the bench said.

The top court disposed of the pleas, including the appeal filed by Khan against the May 10 order of the high court.

On May 27, a vacation bench of the top court stayed the high court's bail condition imposed on Khan directing the District Magistrate to take possession of the land attached to the Jauhar University campus.

It had said that prima facie the bail condition imposed on Khan was disproportionate and sounds like a decree of a civil court.