The Supreme Court, utilizing its special powers under Article 142 of the Constitution, granted interim bail to Samajwadi Party leader Azam Khan in a land-grabbing case, citing the “peculiar” circumstances of the matter. The bench, led by Justice L Nageswara Rao, expressed the opinion that the court should exercise its jurisdiction under Article 142 and provide interim bail until Khan files an application for regular bail, considering the delay in his implication in the FIR.
Noting that Khan had already been granted bail in 87 other cases, the court observed that the FIR in question was registered on March 18, 2020, with the charge sheet filed on September 10 of the same year. However, Khan was implicated in the FIR “only now” after a period of 1 year and 7 months. The court deemed it unjust to deprive Khan of his personal liberty, especially considering the delay in his implication and the nature of the allegations.
The interim bail will remain in effect until a competent court decides on Khan’s plea for regular bail. If the regular bail request is rejected, the interim bail will continue for an additional two weeks from the date of the court’s order on the bail application.
Article 142 of the Constitution grants the Supreme Court extensive powers to administer “complete justice” in a case. The FIR against Khan alleged that he, along with others, unlawfully seized land recorded as enemy property belonging to Imamuddin Qureshi. The charges include misappropriation of public funds amounting to hundreds of crores of rupees.
Senior Advocate Kapil Sibal, representing Khan, argued that the ruling party’s actions were politically motivated and part of a vendetta against the petitioner. On the other hand, Additional Solicitor General S V Raju contended that Khan, a heavyweight politician, was involved in criminal activities and should not be allowed to bypass the regular bail application process.
Khan sought interim bail, citing the pending order from the Allahabad High Court. The Supreme Court, in its interim bail order, highlighted that after adjourning the case on May 6, the investigating officer took action against Khan in the 2020 FIR, leading to his remand in judicial custody.