The Supreme Court will hear the forgery case against Samajwadi Party MLA Abdullah Azam Khan, the son of former Uttar Pradesh Cabinet Minister Azam Khan, on July 18.
The bench of Justice Hemant Gupta and Justice Vikram Nath granted a week’s time when Khan’s counsel Senior Advocate Kapil Sibal sought time to submit the chargesheet copy on the two birth certificates.
During the hearing today, Sibal contended that necessary certificates were issued by the municipality, by the authority only and his client had not forged it.
The bench said, “That’s as per your affidavit.”
Sibal: “Has been verified by passport officer. Yet I’m being prosecuted. Kindly read and appreciate, my lords. Prosecution can’t say I have forged a certificate issued by the authority.”
Bench: “You’re right partially. But then it could have been issued via false representation.”
Sibal: “That’s not forgery.”
The Special Leave Petition was filed challenging the order passed by Allahabad High Court wherein the High Court had rejected three bail applications stating that it will not be in the public interest. Azam Khan and his disqualified UP MLA son were arrested in the case of cheating, forgery and obtaining a fake PAN card fraudulently for the latter.
The FIR has been filed under the Section 420,467,468,471 and 120B of IPC and Section 12(1A) of Passport Act, 1967 at the Police Station, Civil Lines, District Rampur.
The allegations are against the father-son duo of forging and fraudulently obtaining PAN card and passport. It was submitted that the birth records as per the High School Certificate and the nomination application filed for contesting 34 Swar Assembly Constituency, Rampur recording another date of birth, though, it is alleged that at the time of filing of nomination paper, the subsequent PAN was not linked with the bank account.
It is alleged that the father-son duo conspired together in filing nomination papers by mentioning the wrong PAN.