The Supreme Court issued notice to the government of Uttar Pradesh on Monday on a petition filed by Mohammad Abdullah Azam Khan, son of Samajwadi Party leader Azam Khan, seeking stay on his conviction in a 15-year-old criminal case that led to his disqualification as an MLA from Suar constituency.
The Bench of Justice Ajay Rastogi and Justice Bela M. Trivedi ruled that the May 10 election to the Suar Assembly constituency, which fell vacant after Khan’s disqualification, shall be subject to the outcome of his petition.
Directing the state government to file a counter, the Bench listed the matter for further hearing in the second week of July.
The Apex Court asked Additional Solicitor General K.M. Nataraj, representing the UP government, whether the court can test the morality of an individual, who has been convicted and sentenced?
The Court further asked if he could not be an elected representative?
The Bench directed the ASG to prove that Abdullah Azam Khan was unfit to be a public representative.
It said the lawyer has to demonstrate prima facie that the accused has done a crime in his own capacity.
The ASG said that he would file his response to the appeal.
Representing Khan, Senior Advocate Kapil Sibal contended that his client was a juvenile when the incident took place.
However, the Apex Court clarified it was not examining Khan’s juvenility and looking at his prayer seeking stay on conviction.
Abdullah Khan had moved the Supreme Court against the Allahabad High Court of April 13, which had refused to stay his conviction.
A Moradabad court had sentenced Abdullah Azam Khan to two-year imprisonment in the case, which led to his disqualification as MLA.