SC refuses to entertain plea by Azam Khan for transfer of forgery case outside UP
NEW DELHI: The Supreme Court on Wednesday declined to entertain a plea by former Uttar Pradesh Minister and senior Samajwadi Party leader Azam Khan for transfer of trial in a forgery case outside the state.
A bench of Chief Justice D Y Chandrachud and Justices S Abdul Nazeer and P S Narasimha said if the petitioner is aggrieved by any interlocutary order, he can approach the Allahabad High Court.
"As of now, we don't have any material to transfer the case," the bench said, rejecting a contention by senior advocate Kapil Sibal on behalf of Khan that he would not get a fair trial.
Sibal contended he would not get justice in the state. He claimed even this court has commented on the High Court which did not pass order for three months in bail after reserving it.
The bench said he can approach the High Court under Section 482 of the Criminal Procedure Code.
"Today trial is being conducted and witnesses statements are being recorded. This is not a ground for transfer. You can ask for transfer to any other district. But you are saying they won't hear anywhere in the state. Sorry," the bench told Sibal.
The counsel, on his part, said Khan faced about 100 FIRs in the state. He claimed multiple cases were lodged against the same matter.
He claimed three cases were registered with regard to alleged fabrication of date of birth of the petitioner's son Abdullah Azam Khan.
Sibal also submitted that his 482 petition was pending before the High Court for production of additional evidence but he was convicted and consequently lost his seat as a Member of Legislative Assembly.
The court, however, rejected the plea with liberty to approach the High Court.
