SC sets aside bail condition of Azam Khan

New Delhi: The Supreme Court Friday set aside a condition imposed by the Allahabad High Court while granting bail to Samajwadi Party MLA Azam Khan and said it is "disturbed" about the new trend where courts are referring to matters which are "unrelated" to the consideration of bail pleas.

The apex court set aside the condition imposed by the high court which had directed the District Magistrate of Rampur in Uttar Pradesh to take possession of land attached to the Jauhar University campus in Uttar Pradesh.

Observing that it is becoming a "pattern now," that unrelated matters are taken into consideration while dealing with bail pleas, a bench of Justices A M Khanwilkar and J B Pardiwala said the courts must confine it to the applicant and the case before it.

"We are getting such order repeatedly. Only two days back, we had the occasion to set aside similar order," the bench observed.

"It is becoming a pattern now. In bail and anticipatory bail, you confine it to the bail applicant and the case before you. How can other matters be relevant? This is a new feature which we are noticing from different orders," it observed.

While setting aside the bail condition imposed by the high court directing the District Magistrate to take possession of the land, the apex court retained the other conditions which were relevant for the grant of bail to Khan, who is the Chancellor of Mohammad Ali Jauhar University.

"This is yet another matter where we find that the high court has referred to matters which are unrelated to the consideration of prayer for bail relating to the crime registered against the concerned accused," the bench said.

It noted that Additional Solicitor General (ASG) S V Raju, appearing for the state, has urged the court to impose additional conditions that Khan be directed to refrain from entering Rampur district during the bail period.

During the arguments, the ASG urged the bench to impose a condition that Khan should not enter Rampur district for at least six months as the witnesses are there and he is a very influential person.