The on Thursday formally directed the transfer of a filed by former Uttar Pradesh Minister and leader Mohd. Azam Khan to the , following his recent arrest by the . A division bench comprising Chief Justice of India Surya Kant and Justice Joymalya Bagchi mandated that the matter be listed for a substantive hearing before a division bench of the High Court on . The apex court also issued a specific request to the High Court to consider the petitioner's plea for on that date.
The legal challenge arises from the arrest of the 78-year-old leader on , which occurred approximately 40 minutes after his release from Rampur jail in connection with a separate criminal matter involving allegations of document forgery. Following his detention by federal investigators, a remanded the veteran politician to 14 days of under the . Mr. Khan’s petition before the Supreme Court sought the of both the arrest and the subsequent remand order, asserting that the actions taken by the federal agency were and .
The Scope of Judicial Intervention
During the brief hearing on , the Supreme Court bench declined to express an opinion on the merits of the allegations presented by either party. Instead, the Court determined that the High Court was the appropriate forum to examine the complexities surrounding the ’s actions. By ordering the transfer of within 48 hours, the apex court ensured that the would have all necessary documents to expedite its deliberations.
, representing Mr. Khan, characterized the arrest as an instance of "." He argued that the timing of the detention—executed immediately upon the petitioner securing in his other legal proceedings—demonstrated an intent to maintain his incarceration through the upcoming state assembly election cycle. Mr. Sibal further contended that the underlying money laundering investigation was based on dated FIRs from concerning incidents purportedly originating in . He highlighted concerns regarding the agency's characterization of various assets, including livestock, as .
Chief Justice Surya Kant acknowledged the intensity of the arguments, remarking during the proceedings:
"Your argument may have some substance, but we don’t want to express any opinion."
The Court’s decision to keep all legal contentions open allows the petitioner to amend his original plea and introduce additional materials before the High Court, ensuring a comprehensive review of the case.
Evaluating the
The current case is reportedly linked to 58 separate FIRs previously registered by the . The investigation centers on the management of the and alleged financial irregularities involving the in Rampur. Agency officials have alleged that state funds intended for public works were diverted to facilitate the construction of the private university campus. Earlier in October, the federal agency moved to attach lands and buildings belonging to the university, estimating the market value of the assets at ₹1,170 crore.
This development follows a recent order by the regarding a separate matter involving the forgery of birth certificates and dual PAN card filings. While the High Court granted to Mr. Khan and his son, Abdullah Azam Khan, in that specific case on , it concurrently rejected their plea to suspend their convictions. Justice Samit Gopal, in that ruling, noted the extensive criminal history of the accused, citing 92 pending cases against the former minister and 46 against his son. The High Court emphasized the importance of maintaining integrity within electoral politics, noting that judicial discretion regarding the must be balanced against the wider public interest.
Procedural Next Steps
The Supreme Court’s directive serves as a crucial procedural pivot, effectively moving the epicenter of the legal battle back to the state level. By explicitly requesting that the Registrar General of the secure a listing before a division bench, the Supreme Court has signaled the importance of an early resolution regarding the prayer for .
The upcoming hearing on November 16 is expected to focus on the legality of the ’s arrest procedures, the interpretation of the Prevention of Money Laundering Act in relation to the cited , and whether the current custodial status of the petitioner is consistent with established constitutional guarantees. As the matter is now before the High Court, all parties are expected to prepare their submissions regarding the factual validity of the money laundering allegations and the procedural fairness of the agency’s investigative timeline. The outcome of the scheduled November proceedings will determine whether the former minister remains in custody or is granted the interim release sought in his petition.
Enforcement Directorate - money laundering case - judicial custody - constitutional rights - pretrial incarceration