New Delhi, May 1 (). The Supreme Court on Monday sought the response of the Uttar Pradesh government on a plea by Abdullah Azam Khan, son of Samajwadi Party leader Azam Khan, challenging the High Court’s refusal to stay his sentence in an over a decade-old case . This case had led to his disqualification as an MLA.
A lawyer representing Abdullah Azam Khan told a bench headed by Justice Ajay Rastogi that his client was a juvenile at the time of the incident.
The bench, also comprising Justice Bela M. Trivedi, said the court was not examining the juvenility of the petitioner, but was considering his prayer for a stay of conviction. The apex court was told that a by-election to the Swar assembly seat, which fell vacant following Khan’s disqualification, is to be held on May 10.
Khan filed an appeal in the apex court challenging the April 13 order of the Allahabad High Court which had refused to stay his conviction.
The bench issued notice to the UP government seeking its response and clarified that the election would depend on the outcome of the petition.
Additional Solicitor General K.M. Nataraj, representing the UP government, said: Can we test the morality of a person convicted and sentenced? Can’t he be an elected representative?
Nataraj said he would file his reply to the appeal filed by Khan.
After hearing the arguments, the bench said: Counter-protest be filed. Let the result of the elections to be held on May 10 come. Further hearing on this special leave petition will be taken up in the second week of July.
A Moradabad court had in February sentenced Khan to two years in jail in the case. His conviction led to his disqualification as an MLA.
It is alleged that Abdullah and his father blocked traffic after their vehicle was stopped for checking by the police.
A criminal case under sections 341 and 353 of the IPC was registered against Abdullah and his father Azam Khan in 2008 at Chhajlet police station in Moradabad.
SGK/ANM
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