SC refuses to stay Azam Khan son’s conviction; disqualification as MLA to continue

New Delhi, Oct 11 (IANS) The Supreme Court on Wednesday refused to give an interim stay on Abdullah Azam Khan’s conviction in a case that resulted in his disqualification as a member of Uttar Pradesh legislative Assembly earlier this year.

A bench of Justices M.M. Sundresh and Prashant Kumar Mishra heard the petition of the Samajwadi Party (SP) leader.

The bench said that the court was awaiting the report on juvenility, “We find no reason to pass any interim order at this stage. As per the earlier order, post the main matter after the report on juvenility”.

Khan was disqualified as an MLA in February this year, days after he was convicted and sentenced by a Moradabad court to two years in prison. In April, the Allahabad High Court dismissed his plea to stay his conviction.

Senior Advocate Kapil Sibal and Senior Advocate Vivek Tankha, representing Khan, had earlier submitted before the top court that their client was a juvenile when the incident took place and stated that the case should have been heard by a juvenile justice board and not by a regular court.

The apex court in September had directed the Moradabad district court to ascertain the claim of juvenility made by Abdullah Azam Khan in a 2008 criminal case.

SP leader Azam Khan, along with his son were convicted in a 15-year-old criminal case registered in 2008 under sections 341 (wrongful restraint) and 353 (assault or criminal force to deter public servant from discharge of his duty) of the Indian Penal Code (IPC).

Following his disqualification, a bypoll was also conducted for the Suar Assembly seat. Shafeek Ahmed Ansari from Apna Dal won the seat.

The top court had said earlier that the election to the Suar Assembly seat shall be subject to the outcome of his petition.

— IANS

nupur/dpb