New Delhi: The Supreme Court of India heard a Special Leave Petition filed by Samajwadi Party leader Mohammad Azam Khan and his son, Mohammed Abdullah Azam Khan, concerning a case involving stolen machinery. The case alleges that machines purchased with government funds for cleaning purposes were illicitly used by Mohammad Azam Khan, the Chancellor of Jauhar University, and his son, in collusion with Azhar Khan, the former Chairman of Nagar Palika, Rampur.
The hearing was presided over by a bench of Justices M.M. Sundresh and Aravind Kumar. Senior Advocate Kapil Sibal represented Azam Khan and his son.
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During the proceedings, Kapil Sibal requested a pass-over, which was granted. Additional Solicitor General K.M. Nataraj, representing Uttar Pradesh, noted the connection of another matter involving a transfer petition related to a separate incident.
Justice Sundresh remarked, โPrima facie we may considerโฆitโs almost over, whatโs left?โ indicating a potential inclination to review the case, before the matter was passed over.
Mohammad Azam Khan, a prominent Samajwadi Party leader and former member of the Uttar Pradesh Legislative Assembly from Rampur, along with his son Mohammed Abdullah Azam Khan, also a former member of the Legislative Assembly from Suar constituency, are accused of misappropriating government funds. The charges stem from allegations that during the previous S.P. governmentโs tenure, machinery purchased for public use was instead utilized within Jauhar University, where Azam Khan served as Chancellor.
Following a change in government, an investigation was launched, leading to accusations that Azam Khan, along with his son and others, conspired to conceal the machinery. It is alleged that the machinery was cut, buried, and hidden within the university campus.
Charges and Investigation
FIRs were lodged against Mohammad Azam Khan, Mohammad Abdullah Azam, and others under various sections of the Indian Penal Code, including Sections 409 (criminal breach of trust by a public servant), 411 (dishonestly receiving stolen property), 201 (causing disappearance of evidence), and 120B (criminal conspiracy), as well as Sections 2 and 3 of the Damages to Public Property Act.
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The investigation led to the recovery of parts of the machinery from the university campus on September 19, 2022, in the presence of accused individuals and university employees. A charge sheet was subsequently submitted against Mohammad Azam Khan, Mohammad Abdullah Azam, and others.
Allahabad High Court Decision
The Allahabad High Court had previously denied bail to Azam Khan and his son, citing their criminal history and concerns that their release could adversely affect the trial due to potential tampering with evidence. The High Court noted that several witnesses were university officials and workers.
Current Status
The Supreme Court has issued notices to the State Government of Uttar Pradesh, seeking its response in the matter. The case remains under consideration.
