The Supreme Court on Thursday directed the Allahabad High Court to take up Samajwadi Party leader and former Uttar Pradesh Minister Mohammad Azam Khan’s plea challenging his arrest by the Enforcement Directorate (ED) on November 16.
A Bench comprising Chief Justice of India Surya Kant and Justice Joymalya Bagchi transferred the matter to the High Court, observing that the appropriate course would be for Khan to pursue his challenge before the jurisdictional High Court. The Supreme Court also indicated that some of the arguments advanced on Khan’s behalf might have substance but clarified that it would not express any opinion on the merits of the case.
Appearing for Khan, Senior Advocate Kapil Sibal questioned the legality of the ED’s action, alleging that his client had been arrested almost immediately after securing release from jail in the separate dual PAN card case.
Sibal argued that the fresh arrest was mala fide and amounted to persecution, particularly when Khan had obtained relief in the other criminal proceedings. He also questioned the invocation of the Prevention of Money Laundering Act (PMLA), pointing out that the underlying allegations related to an incident dating back to 2006, while the FIR was registered in 2019.
Questioning the nature of the alleged proceeds of crime, Sibal reportedly told the Bench that even goats and cows were being projected as proceeds of crime in the case.
The Bench, while acknowledging that the submissions could have some substance, refrained from making any observations that could prejudice the proceedings before the High Court.
Khan’s petition challenges his arrest in a fresh money laundering case registered by the ED in connection with alleged financial irregularities relating to the Mohammad Ali Jauhar Trust, which runs the Mohammad Ali Jauhar University in Rampur. He has also questioned the subsequent order remanding him to judicial custody.
The ED action followed Khan’s release from Rampur jail after the Allahabad High Court granted him and his son, Abdullah Azam Khan, bail in the dual PAN card forgery case. The agency arrested Khan shortly thereafter, and a special PMLA court subsequently remanded him to judicial custody.
The Supreme Court directed its Registry to transmit the original records of the petition to the Allahabad High Court within two days. The Registrar General of the High Court has been asked to place the matter before the appropriate authority to ensure its listing before a Division Bench on November 16.
The Court also granted Khan liberty to amend the prayers in his petition and place additional documents on record, if required.
Clarifying the scope of its order, the Bench left all contentions open and made it clear that it had not adjudicated upon the legality of the arrest or the merits of the allegations. The High Court will accordingly consider Khan’s challenge, including his plea for interim relief.
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