Prayagraj, Nov 21 (PTI) Justice Sameer Jain of the Allahabad High Court on Friday recused himself from hearing Samajwadi Party (SP) leader Mohammad Azam Khan's case regarding forcible eviction in 2016 from Yatim Khana at Rampur.
However, releasing the case, the judge said that the earlier order regarding the stay on pronouncing judgment by the trial court will be in operation till the next date.
Advocate Shashwat Giri informed that the court refrained from the hearing in the middle of arguments and released the matter. At present, according to the court's roster, Justice Sameer Jain is authorised to hear the matters against MPs and MLAs.
In Khan's matter, about 12 separate FIRs were lodged in which the SP leader and several others were made accused.
Earlier, the high court in its order dated June 11 had observed that the trial in the case will proceed but no final order shall be passed.
The case, originating from 12 FIRs registered between 2019 and 2020 at Kotwali police station in Rampur pertains to an alleged incident on October 15, 2016 involving the demolition of unauthorised structures on the waqf property known as Yateem Khana (Waqf no. 157).
These FIRs, initially tried as separate cases were consolidated into a single trial (Special Case No. 45 of 2020) by the Special Judge (MP/MLA) in Rampur on August 8, 2024. The accused including prominent figures face charges of dacoity, house trespass and criminal conspiracy under the Indian Penal Code (IPC).
This petition challenges the trial court's May 30 orders rejecting their requests to recall informants and key prosecution witnesses including Zafar Ahmad Farooqui, Chairman of the Sunni Central Waqf Board, and to produce exculpatory videographic evidence of the 2016 eviction.
The applicants argue that this evidence acknowledged by Farooqui could exonerate them by proving their absence from the scene. PTI COR RAJ KSS KSS
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