The Supreme Court today junked a plea filed by Samajwadi Party leader Azam Khan challenging an order of the Allahabad High Court refusing to quash the charge sheet in the fake birth certificate case of his MLA son, saying it does not find any reason to interfere with the High Court's order.

The petition was rejected by a Division Bench comprising Justice Hemant Gupta and Justice Vikram Nath.

"However, any observation and discussion passed by the high court will not prejudice the trial which the appellant is required to face," the Bench said.

Senior Advocate Kapil Sibal, appearing for Khan, submitted that the high court wrongly relied on the findings of the Election commission while refusing to quash the charge sheet.

The Apex Court said it was for the trial court to examine the evidence in the case.

Azam Khan, his wife Tazeen Fatima and son Abdullah Azam Khan had been in jail in a criminal case registered against them over two allegedly fake birth certificates issued to Abdullah, the sitting MLA from Suar in Uttar Pradesh, through fraudulent means from two different places.

The FIR lodged by BJP leader Akash Saxena at the Ganj police station in Rampur on January 3, 2019, alleged that Azam Khan and his wife helped their son obtain two fake date of birth certificates-- one from Lucknow and another from Rampur.

Abdullah Azam was elected to the state assembly in the previous polls, too, but the Allahabad High Court had cancelled the election on the ground that he was less than the required 25 years of age at the time of filing his nomination.

Azam Khan is a 10-term MLA from Rampur Assembly constituency. Azam Khan was lodged in jail for 27 months in connection with several cases, including that of land grabbing, before being granted interim bail by the Supreme Court in a cheating case in May this year.



With PTI inputs

Azam Khan

Verdictum News Desk