News Analysis India

Tag: Mohammad Azam Khan

  • Uttar Pradesh: SP leader Azam Khan disqualified as MLA after conviction in hate speech case

    Express News Service

    LUCKNOW: In a major development on Friday, senior Samajwadi Party (SP) leader and party MLA from Rampur, Mohammad Azam Khan was disqualified from the UP assembly by the speaker. The disqualification came a day after Khan was convicted and sentenced to three-year imprisonment by Rampur MP/MLAs court in a case of hate speech registered against him in April 2019.

    The 74-year-old Khan’s disqualification will necessitate a by-poll to the Rampur assembly constituency. Azam Khan won the seat in 2022.

    The case against Khan was registered in Rampur in April 2019. He has been convicted under Indian Penal Code (IPC) Sections 153 A (promoting enmity between two groups), 505 (statement conducing to public mischief) and Section 125 of the Representation of People Act 1951. An FIR was lodged against him after the returning officer took cognizance of the matter based on a complaint lodged against Khan.

    Azam Khan was convicted by the court in the case for using objectionable language against persons holding prominent constitutional positions including Prime Ministe22r Narendra Modi, UP Chief Minister Yogi Adityanath and the then Rampur DM Anjaneya Kumar Singh at a public rally during 2019 general elections.

    Getting into action immediately in compliance of the 2013 order of the Supreme Court of India, Principal Secretary, Vidhan Sabha, Pradeep Dubey initiated the proceedings of Azam Khan’s disqualification from the Assembly issuing a notification citing the MP/MLAs court order. Khan’s disqualification was subsequently communicated to the Election Commission of India.

    Notably, the Supreme Court of India had stated in its order dated July 10, 2013, that if a sitting MP/MLA was convicted of an offence (not only charged) then he/she would be disqualified immediately and the seat would be declared as vacant without giving three months’ time to the convict for appeal as was the case before.

    ALSO READ | Samajwadi Party leader Azam Khan gets three-year jail term in hate speech case; granted bail

    As per the highly-placed sources, the decision over the disqualification of Azam Khan was taken immediately after the state government, through UP chief secretary DS Mishra, made a formal communication to the Vidhan Sabha informing it about the SP leader’s conviction.

    However, the Supreme Court delivered the order striking down Section 8(4) of the Representation of the People Act (RPA) as unconstitutional as it allowed convicted lawmakers to avail of a three-month period for filing appeal to the higher court to get a stay. The apex court had delivered the judgement following writ petitions filed by advocate Lily Thomas and Lok Prahari, through its General Secretary SN Shukla, the retired IAS officer. As per the provisions, Khan, who faces three years of imprisonment, will not be able to contest any election for a period of nine years. In fact, Section 8 of the RPA deals with disqualification of a lawmaker for six years since his release from jail after being convicted in case of any offence and sentenced to imprisonment for varying terms.

    According to legal experts, if Azam Khan gets a stay order from the higher court against his conviction, his disqualification would not be revoked but he would be able to contest the by-election to his seat.

    LUCKNOW: In a major development on Friday, senior Samajwadi Party (SP) leader and party MLA from Rampur, Mohammad Azam Khan was disqualified from the UP assembly by the speaker. The disqualification came a day after Khan was convicted and sentenced to three-year imprisonment by Rampur MP/MLAs court in a case of hate speech registered against him in April 2019.

    The 74-year-old Khan’s disqualification will necessitate a by-poll to the Rampur assembly constituency. Azam Khan won the seat in 2022.

    The case against Khan was registered in Rampur in April 2019. He has been convicted under Indian Penal Code (IPC) Sections 153 A (promoting enmity between two groups), 505 (statement conducing to public mischief) and Section 125 of the Representation of People Act 1951. An FIR was lodged against him after the returning officer took cognizance of the matter based on a complaint lodged against Khan.

    Azam Khan was convicted by the court in the case for using objectionable language against persons holding prominent constitutional positions including Prime Ministe22r Narendra Modi, UP Chief Minister Yogi Adityanath and the then Rampur DM Anjaneya Kumar Singh at a public rally during 2019 general elections.

    Getting into action immediately in compliance of the 2013 order of the Supreme Court of India, Principal Secretary, Vidhan Sabha, Pradeep Dubey initiated the proceedings of Azam Khan’s disqualification from the Assembly issuing a notification citing the MP/MLAs court order. Khan’s disqualification was subsequently communicated to the Election Commission of India.

    Notably, the Supreme Court of India had stated in its order dated July 10, 2013, that if a sitting MP/MLA was convicted of an offence (not only charged) then he/she would be disqualified immediately and the seat would be declared as vacant without giving three months’ time to the convict for appeal as was the case before.

    ALSO READ | Samajwadi Party leader Azam Khan gets three-year jail term in hate speech case; granted bail

    As per the highly-placed sources, the decision over the disqualification of Azam Khan was taken immediately after the state government, through UP chief secretary DS Mishra, made a formal communication to the Vidhan Sabha informing it about the SP leader’s conviction.

    However, the Supreme Court delivered the order striking down Section 8(4) of the Representation of the People Act (RPA) as unconstitutional as it allowed convicted lawmakers to avail of a three-month period for filing appeal to the higher court to get a stay. The apex court had delivered the judgement following writ petitions filed by advocate Lily Thomas and Lok Prahari, through its General Secretary SN Shukla, the retired IAS officer.
     
    As per the provisions, Khan, who faces three years of imprisonment, will not be able to contest any election for a period of nine years. In fact, Section 8 of the RPA deals with disqualification of a lawmaker for six years since his release from jail after being convicted in case of any offence and sentenced to imprisonment for varying terms.

    According to legal experts, if Azam Khan gets a stay order from the higher court against his conviction, his disqualification would not be revoked but he would be able to contest the by-election to his seat.

  • UP Jal Nigam recruitment scam: CBI court summons ex-minister Azam Khan

    By PTI
    LUCKNOW: A special CBI court here summoned former minister Mohammad Azam Khan on Friday, while taking cognizance of the offences mentioned in a chargesheet in connection with the recruitment scam in the Uttar Pradesh Jal Nigam during the previous Samajwadi Party (SP) government.

    Since Azam is in the Sitapur jail in another case, CBI judge Manoj Pandey directed the jail superintendent to ensure his appearance through video-conferencing on Monday (July 19).

    The court also issued summonses to the other accused in the case, including Girish Chandra Srivastava, Neeraj Malik, Vishwajeet Singh, Ajai Yadav, Santosh Rastogi and Kuldeep Negi.

    The special investigation team (SIT) formed to probe the case had filed the chargesheet after investigation following an FIR lodged at the SIT police station by inspector Atal Bihari on April 25, 2018.

    Khan was the urban development minister in the SP government headed by Akhilesh Yadav and it was alleged that norms were not followed in the recruitments in the Uttar Pradesh Jal Nijam.

  • Jailed SP leader Azam Khan tests positive for COVID-19

    By PTI
    SITAPUR: Senior Samajwadi leader Mohammad Azam Khan tested positive for COVID-19 along with 13 other prisoners in Sitapur jail, officials said on Saturday.

    The Rampur MP and the other prisoners tested positive for the infection in both rapid antigen and RT-PCR tests, said R S Yadav, jailer, Sitapur Jail.

    He said the tests were conducted after complaints of fever and cough.

    Initially, the rapid antigen was done and later the samples were sent for the RT-PCR test, the reports of which came positive late Friday night, he said.

    The jailer said the treatment of the Samajwadi Party (SP) leader is going on as per COVID-19 protocol and he has been isolated.

    “Azam Khan is under the observation of doctors and his condition is stable,” Yadav said, adding that the other COVID-19 positive prisoners have also been isolated and are under treatment.

    Khan, along with his son and wife, has been in jail since February last year in connection with various cases of land grabbing, encroachment and others.

  • SC dismisses Uttar Pradesh government’s plea against bail to SP leader Azam Khan’s wife and son

    By PTI
    NEW DLH: The Supreme Court on Friday dismissed an appeal of Uttar Pradesh government against the Allahabad High Court order granting bail to the wife and son of senior Samajwadi Party leader and Lok Sabha MP Mohammad Azam Khan, in a case pertaining to fraudulent allotment of the government land.

    A bench of Chief Justice SA Bobde and Justices AS Bopanna and V Ramasubramanian told Solicitor General Tushar Mehta, appearing for the State government, “It is a good order. What is wrong with it? In this case the judgement is correct. We are dismissing the Special Leave Petition.”

    The High Court on October 13 last year had granted bail to Azam Khan’s wife, Tazeen Fatma, an Uttar Pradesh assembly member from Rampur and their son Abdullah Azam Khan, a former MLA. Mehta said that there are several cases lodged against his father (Azam Khan)for land grabbing and other offences.

    The bench said that maybe his father (Azam Khan) has done some wrongs but his son (Abdullah Khan) cannot be blamed for it. Mehta added that they (son and wife) are beneficiaries. “We have said that the judgement is good. Nothing else. The SLP is dismissed,” the bench said.

    The Solicitor General then urged the court that the observation made in the order should not affect the trial against the accused. The High Court had said that the trial court shall expeditiously conclude the trial of the case against them, possibly within a year.

    The two were booked by the Uttar Pradesh police for the allegedly fraudulent allotment of a plot of land for Hotel Quality Bar in 2014. The plot was allotted to the mother-son duo after their bid of Rs 1,200 rent per month was found to be the highest.

    Tazeen Fatma had argued in the high court that she took the property on rent in a bonafide belief that it belonged to the Zila Sahkari Vikas Sangh, Rampur and was not aware that it actually belonged to the district administration.

    She had contended that they were falsely implicated in this case due to political rivalry.

    State government has contended that Azam Khan, who was then a minister in the Uttar Pradesh government, had misused the official machinery to create forged documents for extending undue gains to his wife and son, who had colluded with him.