‘Sorry, can’t transfer’, SC on Azam Khan’s plea seeking transfer of forgery case outside UP


NEW DELHI: The Supreme Courtroom on Wednesday refused to entertain a plea by senior Samajwadi occasion chief Azam Khan looking for switch of trial in a forgery case outdoors the state.

Senior advocate Kapil Sibal, representing Khan, submitted earlier than a bench headed by Chief Justice DY Chandrachud that his shopper wouldn’t get a good trial in Uttar Pradesh and identified that a number of circumstances have been registered in opposition to him within the state.

Sibal added that he was convicted in a case and through the pendency of his part 482 petition looking for manufacturing of extra proof within the excessive court docket, the conviction resulted in him shedding the Rampur seat.

The bench, additionally comprising Justices S. Abdul Nazeer and PS Narasimha, mentioned if the petitioner is aggrieved by any interlocutory order, he can strategy the Allahabad Excessive Courtroom.

Sibal pressed that his shopper was being harassed, as a number of FIRs have been registered in opposition to him in Uttar Pradesh. He claimed that solid paperwork had been produced in opposition to his shopper and the trial court docket was continuing with the matter with out contemplating his objections.

The bench mentioned: “As of now, we don’t have any material to transfer the case.”

Sibal insisted that his shopper wouldn’t get justice within the state and added that even this court docket has commented on the excessive court docket, which didn’t cross an order for 3 months in bail after reserving it. Declining to entertain Khan’s plea, the highest court docket mentioned he can strategy the excessive court docket beneath Section 482 of the Legal Process Code.

Sibal mentioned Khan faces almost 100 FIRs and claimed a number of circumstances had been lodged in opposition to him in the identical matter. Nonetheless, the bench mentioned that trial is being carried out and witnesses’ statements are being recorded and this isn’t a floor for switch. It added, “You can ask for transfer to any other district. But you are saying they won’t hear anywhere in the state. Sorry!”

The highest court docket orally noticed {that a} fallacious order will not be a floor to deduce bias and switch the trial from the state.

He contended that three circumstances had been registered in reference to alleged fabrication of date of start of his shopper’s son Abdullah Azam Khan. After listening to arguments, the apex court docket declined to entertain Khan’s plea however granted him liberty to maneuver earlier than the excessive court docket.

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