The Allahabad High Court on Friday witnessed a significant development in the ongoing legal battles of Samajwadi Party (SP) leader Mohammad Azam Khan, as Justice Sameer Jain recused himself from hearing the petition related to the 2016 forcible eviction case involving the Yatim Khana in Rampur.
While releasing the case from his board, Justice Jain directed that the interim protection granted earlier—staying the pronouncement of the final judgment by the trial court—shall remain in operation until the next date of listing.
The proceedings stem from an alleged incident that occurred on October 15, 2016, involving the demolition of unauthorized structures situated on Waqf property known as Yateem Khana (Waqf no. 157). Following the incident, 12 separate First Information Reports (FIRs) were registered between 2019 and 2020 at the Kotwali police station in Rampur.
The police investigation implicated Azam Khan and several others, levelling serious charges including dacoity, house trespass, and criminal conspiracy under the Indian Penal Code (IPC).
On August 8, 2024, the Special Judge (MP/MLA) in Rampur consolidated these initially separate cases into a single trial, designated as Special Case No. 45 of 2020.
The current petition before the High Court challenges the orders passed by the trial court on May 30. The Special Judge (MP/MLA) had rejected the defense’s application to recall informants and key prosecution witnesses for further examination. Notably, the defense sought to re-examine Zafar Ahmad Farooqui, the Chairman of the Sunni Central Waqf Board.
Additionally, the trial court had turned down the request to produce specific videographic evidence from the 2016 eviction drive. The applicants contended that this video footage was crucial exculpatory evidence, arguing that it was acknowledged by Farooqui and would establish that the accused were not present at the scene during the alleged incident.
Court Proceedings and Recusal
According to Advocate Shashwat Giri, the matter was listed before Justice Sameer Jain, who is currently authorized under the High Court’s roster to hear matters pending against Members of Parliament (MPs) and Members of Legislative Assembly (MLAs).
During the session on Friday, while arguments were underway, Justice Jain refrained from continuing the hearing and recused himself. Consequently, the matter has been released and will be placed before another bench for adjudication as per the nomination by the Chief Justice.
Interim Relief Extended
Despite the recusal, the court ensured that the interest of the applicants was preserved regarding the trial court’s proceedings.
Previously, on June 11, the High Court had observed that while the trial in the case could proceed, no final order or judgment should be passed by the lower court. In his order releasing the case, Justice Jain clarified that this stay on the pronouncement of the judgment remains effective till the next date of hearing.
The matter is now expected to be listed before an appropriate bench in due course.
