Supreme Court orders to de-seal Azam Khan’s University

Setting aside the bail condition imposed by the Allahabad High Court to seal the premises of Mohammad Ali Jauhar University at Rampur while granting bail to Samajwadi Party leader Azam Khan, the Supreme Court on Friday directed the Joint Magistrate/Deputy District Magistrate, Rampur to take immediate steps to de-seal the same.

The SP MLA, who is one of the members of the board of trustees of the varsity, sought directions to the Uttar Pradesh authorities to, inter alia, de-seal the portions of the premises of the Mohammed Ali Jauhar University, which were sealed on the orders of the Allahabad High Court.

A Bench comprising Justice A.M. Khanwilkar and Justice J.B. Pardiwala, however, said that its order would not impact any proceeding for sealing, if initiated independent of the impugned order of the High Court.

It also said that the other conditions imposed by the High Court would prevail throughout the bail period.

The Apex Court said it was disappointed with this new trend in bail orders, adding that the High Courts were exceeding their authority to delve into issues, which were not relevant to the determination of bail pleas.

On May 27, 2022, a Vacation Bench of the Apex Court had stayed the High Court’s directions in this regard till the next date of hearing, while noting that prima facie, the said condition imposed for grant of bail was disproportionate and had no reasonable nexus with the object of securing the presence of the accused.

Regarding the stay order, a letter was sent to the SDM, Sadar Rampur to de-seal the property and restore peaceful possession of the sealed portion. However, the authorities did not follow the order and remained non-compliant.

Senior Advocate Kapil Sibal appeared on behalf of Khan.

On May 10, 2022, the High Court had granted bail to Khan in a case related to grabbing of Enemy Property for the construction of the varsity.

The High Court had then directed the Rampur District Magistrate to take possession of the property attached to the campus of Jauhar University by June 30 and raise a boundary wall with barbed wire around it.

The High Court further requested the Custodian Evacuee Property Mumbai to hand over the concerned property in dispute to some para military forces for their training purposes, as already done in 2014.

On the basis of the order of the High Court on May 18, 2022, the authorities in Uttar Pradesh had issued notice to demolish two buildings of the University and asked the University Registrar to vacate the premises.

Though no demolition took place, but the authorities managed to sealed two buildings – the sports complex and the building that houses the Dean and Senior Staff.

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