The Supreme Court on Friday quashed the bail condition imposed by the Allahabad HC on SP functionary Azam Khan by which the alleged encroached land attached to his Jauhar University campus was to be taken over by the state and also rejected a plea of the UP government to restrain Khan from entering Rampur district.
A bench of Justices AM Khanwilkar and JB Pardiwala converted Khan's interim bail into regular bail and directed the state to de-seal a part of the university, which was sealed after the HC order. The bench also raised questions on how the HC could venture into the issue of possession of the land while deciding bail plea.
The apex court said it is witnessing a new feature of HCs passing observations not related to the case and imposing extraneous conditions for grant of bail, which is unwarranted. Referring to a recent Patna HC order of directing Sahara chief Subrata Roy to personally appear before it while hearing a bail plea of another person, the bench said it has become a new pattern. As additional solicitor general SV Raju, appearing for the UP government, pleaded that any observation by the court would bring stigma to the Allahabad HC judge concerned, the bench said, "Time has come to say it loudly".
The SC clarified that the state is free to take action against encroachment of land under the law, but that cannot be done in bail matters.

SC gives Azam relief, raps HCS for extraneous bail conditions

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