Recently, the Supreme Court has taken up a case that could have significant political and legal ramifications for Samajwadi Party leader Azam Khan and his family. Tazeen Fatma and their son Abdullah Azam Khan have approached the Top Court seeking relief in a matter related to alleged forged birth certificates, drawing attention across political and legal circles.
The Allahabad High Court had earlier stayed the sentences imposed by the Rampur Trial Court, but refused to suspend the conviction, maintaining disqualification under Section 8(3) of the Representation of the People Act, 1951. The case originates from an FIR registered at Rampur’s Ganj police station, following a complaint by BJP leader Akash Saxena. It alleged that two separate birth certificates were obtained for Abdullah Azam Khan. The first certificate, issued by Rampur Municipal Corporation in 2012, recorded Rampur as the place of birth, while the second, issued by Lucknow Municipal Corporation, cited Queen Mary’s Hospital, Lucknow.
A chargesheet was filed under Sections 420, 467, 468, and 471 IPC, followed by a supplementary chargesheet under Section 120-B IPC. Charges were framed by the trial court, which convicted Fatma, Azam Khan, and Abdullah Azam.
The petitioners argued that the high court’s refusal to suspend their conviction was erroneous and unsustainable. They contended that there was no evidence of forgery and claimed the decision had far-reaching consequences for their political careers and social standing.
The Bench, comprising Chief Justice B R Gavai and Justice Satish Chandra Sharma and Justice K Vinod Chandran, questioned the petitioners’ counsel on how a stay of conviction could be granted. The Chief Justice observed that stays of conviction are rare, while suspension of sentence is the usual practice.
The Court issued notice to the Uttar Pradesh government and will hear arguments on whether the conviction of Tazeen Fatma and Abdullah Azam Khan can be suspended while appeals are pending.
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