SC issues notice to UP Government, EC on Azam Khan’s plea against disqualification

Tribune News Service

New Delhi, November 7

The Supreme Court on Monday issued notices to the Uttar Pradesh Government and the Election Commission Samajwadi Party leader Azam Khan’s petition challenging his disqualification from the state Assembly following his conviction and three-year imprisonment in a hate speech case.

“What was the tearing hurry to disqualify him? At least you should have given some breathing space to him”, a Bench led by Justice DY Chandrachud told Uttar Pradesh Additional Advocate General Garima Prashad.

The disqualification was in accordance with the Supreme Court’s rulings, Prashad told the Bench which also included Justice Hima Kohli.

The Bench directed that Khan’s petition should be served on the standing counsel of the Election Commission and posted the matter for hearing on November 13.

Khan was convicted in a hate speech case on October 27 and awarded a three-year jail term by a Rampur court. The very next day, the Uttar Pradesh Legislative Assembly Secretariat had announced his disqualification of Khan from the House.

On behalf of Khan, senior counsel P Chidambaram said BJP MLA Vikram Saini from Khatauli in Muzzaffarnagar was also convicted on October 11 and sentenced to two years but no such decision has been taken for his disqualification.

“Urgency in the matter is that Election Commission of India is going to issue gazette notification announcing bypoll for the Rampur Sadar seat on November 10,” Chidambaram said, questioning the ‘haste’ displayed by the poll panel.

The Sessions Court judge was on leave for a couple of days and the Allahabad High Court was closed and, therefore, Khan couldn’t challenge his conviction and sentence, Chidambaram pointed out.

The top court sought to know why no action has been taken in the case of Khatauli Assembly seat.

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