Senior Samajwadi Party leader Azam Khan has approached the Supreme Court challenging his arrest by the Enforcement Directorate (ED), which detained him shortly after his release on bail from Rampur jail in Uttar Pradesh on October 31.
The Supreme Court on Monday, November 2, agreed to list the 78-year-old politician’s plea for hearing during the week, after his lawyer sought urgent intervention.
During an oral mentioning before Chief Justice of India Surya Kant, advocate Nizam Pasha, appearing for Khan, alleged that the arrest was part of an attempt by the Uttar Pradesh government to keep his client in custody.
Pasha described the detention as an instance of “evergreening of cases”, alleging that fresh proceedings were being initiated to prevent Khan’s release.
“It was an illegal arrest in a seven-year-old FIR. The purpose is to delay his eventual release. The Supreme Court had given him relief the previous time,” Pasha submitted.
He told the court that Khan had been named in 87 FIRs and that the latest case was the 88th. Pasha also alleged that the arrest was politically motivated and linked to the upcoming Uttar Pradesh Assembly elections.
Supreme Court Asks Khan to Approach High Court
Chief Justice Surya Kant questioned why Khan had approached the Supreme Court directly instead of first moving the Allahabad High Court, which had granted him bail in the earlier case.
“Have faith in the High Court. It has given him relief. We will relegate this matter to the High Court and request it to take it up without delay,” the CJI told the lawyer.
Pasha urged the court to list the petition and consider the matter on its merits.
The Chief Justice subsequently said the plea would be listed during the week, although the court indicated that the Allahabad High Court could be approached for relief.
ED Case Linked to Jauhar University
The ED arrested Khan on October 31, shortly after he and his son, Abdullah Azam, were released from Rampur jail on bail in a dual PAN card case.
On October 29, the Allahabad High Court suspended their sentences in the case and granted them bail. Khan had been sentenced to 10 years in prison. The court, however, refused to stay their convictions.
Following his arrest, a special Prevention of Money Laundering Act (PMLA) court in Ghaziabad sent Khan to 14 days of judicial custody on Sunday.
The money laundering case is linked to the Maulana Mohammad Ali Jauhar University in Rampur, established through the Jauhar Trust.
The ED has alleged that government funds meant for public works were diverted towards the construction of the university. It has accused Khan of using his influence as Uttar Pradesh’s urban development minister and over the Uttar Pradesh Jal Nigam to facilitate alleged financial irregularities.
The agency has also attached land and buildings linked to the university, estimating their market value at ₹1,170 crore.
The ED registered the case after taking note of 58 FIRs filed by Uttar Pradesh Police against Khan and his alleged associates.
Khan has denied wrongdoing and is challenging his latest arrest while remaining in judicial custody. The allegations in the money laundering case are under investigation.
