‘Disproportionate’: SC stays HC bail condition linked to Jauhar varsity land

The Supreme Court on Friday stayed the directions issued by the Allahabad High Court, while recently granting bail to Samajwadi Party leader Azam Khan, for taking possession of land attached to the Mohammed Ali Jauhar University, run by a trust headed by Khan, in an alleged enemy property case.

A vacation bench of Justices D.Y. Chandrachud and Bela M. Trivedi said the bail condition imposed by the high court was “disproportionate”.

It also said that the conditions imposed by the high court also have no reasonable nexus with the object of securing his presence or to ensure trial is not obstructed. The bench said it sounds like a civil court decree and added that it is staying the conditions imposed and scheduled the matter for hearing after vacation.

Senior advocate Kapil Sibal, representing Khan, submitted before the bench that District Magistrate, Rampur has issued a notice to vacate the university’s buildings and it is apparent that there is an attempt to demolish it.

The top court sought reply from the Uttar Pradesh government on the plea filed by Khan, against the bail conditions imposed by the high court.

Earlier this week, the top court had agreed to examine Khan’s plea against the direction issued by the high court. Khan’s counsel had claimed that the directions were issued to demolish a part of the university.

The high court, while granting bail to Khan, in an alleged case of grabbing enemy property and then using the land for the university, had issued directions to the District Magistrate to take possession of the property attached to the campus by June 30. It also issued direction to raise a boundary wall with barbed wire around it.




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