azam khan: SC remains expensive HC runners for Azam Khan bail in land grab case | India News



NEW DELHI: The Supreme Court on Friday suspended onerous conditions imposed by Allahabad HC while granting bail to SP member Azam Khan in alleged enemy property grab in Rampur, UP, and stopped handing over land to the government to be used for the purpose of training paramilitary forces.
This is a rare case where lead counsel Kapil Sibal did not have to plead a single sentence. A vacation bench consisting of Judges DY Chandrachud and Bela M Trivedi, after discussing for a few minutes, dictated the order suspending part of the HC order while calling the conditions imposed “disproportionate” and exceeding the established parameters governing the discretion to grant security.
The bench said: “On the face of it, the conditions which have been imposed by the CH for the granting of bail are disproportionate and bear no reasonable connection to the conditions which must be imposed to ensure the presence of the accused and to ensure that the fairness of the trial is not impeded… On the face of it, the HC, while imposing conditions on the granting of bail, exceeded the established parameters governing the exercise of jurisdiction under section 439 of the Code of Criminal Procedure 1973.”
The dispute involved Azam, his family members and others conspiring to seize the evacuees’ property measuring 13.8 hectares from an Imamuddin Qureshi, who migrated to Pakistan after the country was partitioned.


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