The Supreme Court on Thursday asked the Allahabad High Court to hear Samajwadi Party leader Azam Khan’s plea against his arrest by the Enforcement Directorate. The ED arrested Khan on October 31. The High Court must list the matter on November 16 to consider his request for interim relief soon.
The Enforcement Directorate arrested Samajwadi Party leader Azam Khan on October 31 soon after his release in a dual PAN card case.
The Supreme Court on Thursday asked the Allahabad High Court to hear Samajwadi Party (SP) leader Azam Khan's plea, challenging his arrest by the Enforcement Directorate (ED) soon after his release in a dual PAN card case.
A bench comprising Chief Justice of India Surya Kant and Justice Joymalya Bagchi directed the Supreme Court registry to transfer the petition's original records to the registrar general of the Allahabad High Court within two days.
It asked the High Court registrar general to place the matter before the appropriate authority and obtain orders to list it before a division bench on November 16, even if the court is on vacation. The bench also requested the division bench to consider Khan's prayer for interim relief that same day.
The ED arrested Khan on October 31. The central agency's case arises from allegations of extortion registered against Khan. The investigation also concerns alleged financial irregularities involving the construction of Mohammad Ali Jauhar University, managed by him.
Spent over 4 years in jail in dual PAN card case
Khan's plea before the Supreme Court challenged his arrest as well as the November 1 order of the special court remanding him to judicial custody. He sought quashing of the arrest and the remand order, along with interim release from custody. He moved the Supreme Court on Monday seeking urgent listing before the CJI-led bench.
In the dual PAN card case, Khan and his son Abdullah were convicted of forgery and conspiracy for allegedly using a second PAN with an altered birth date to meet the age limit to contest the 2017 Assembly elections. On October 29, the High Court suspended their sentence, citing the time already spent in prison (Khan had spent over four years and his son spent over three-and-a-half years).
Pure persecution: Khan to court
Senior Advocate Kapil Sibal, appearing for the SP leader, told the court that Khan had secured bail in 87 FIRs and was arrested in the ED case immediately after his release. "I am 80 years old. They arrested me in the ED case and in 28 cases more, so I will die in jail. I am going to protect myself. I will fight everything, but I want bail," Sibal submitted.
Sibal also argued that the arrest was mala fide and said that the ED had registered an Enforcement Case Information Report (ECIR) in 2019 based on allegations relating to incidents dating back to 2006. He argued that the arrest was intended to keep Khan in custody ahead of the upcoming UP Assembly elections.
"There is one ECIR, but 28 cases. Just see the document. This is pure persecution. This court cannot allow this. How can anybody file an FIR in 2019 concerning an incident of 2006, when I was out of power?" Sibal said.
Questioning the allegations underlying the ED case, Sibal pointed to complaints of forcible entry into houses, demolition of properties and theft of cash, livestock etc. "Goats and cows become the proceeds of crime... what is all this going on?" he asked.
CJI Surya Kant said, "Your arguments may have some substance, but we don't want to express any opinion." The bench said that the appropriate course would be for Khan to approach the jurisdictional High Court, while ensuring that the matter was heard immediately.