New Delhi: Refusing to grant Uttar Pradesh minister Azam Khan exemption from appearance and unwilling to quash a bailable warrant against him, the Supreme Court told the Samajwadi Party leader on Tuesday to appear before the Lucknow bench of the Allahabad high court at 2 pm on March 8 in a service matter relating to the UP Jal Nigam, of which he is the ex-officio chairman.
A three-judge bench of Chief Justice J.S. Khehar and Justices D.Y. Chandrachud and Sanjay Kishan Kaul gave this direction, taking note of the submissions made on his behalf that elections in his constituency is already over and his presence there is not required. Senior counsel V. Giri, appearing for Mr Khan, also submitted that his client was willing to appear in the high court on any day to be decided by the court.
The CJI told the counsel, “See how much court time is wasted. You are not an ordinary person. The HC has refused to grant personal exemption as it feels you are hoodwinking the court that bailable warrant cannot be served on you.”
In a brief order, the bench said that even though the petitioner had attempted to tender various reasons for his non-appearance, it was not inclined to consider them. In view of the apology tendered by him, it would be open the idea of him making his submissions before the HC, which will consider them and pass appropriate orders in accordance with law.
Mr. Giri submitted that Mr. Kan had filed an affidavit in the High Court that he was willing to appear in court but due to Assembly elections he won’t be able to appear and sought time but the HC had refused and instead issued a bailable warrant to secure his presence on March 6.
The HC had issued the warrant in a petition which was filed challenging the judgment of the UP Public Services Tribunal in favour of an assistant engineer D K Singh, against whom the Jal Nigam had initiated recovery proceedings for financial irregularities. The high court, in its earlier order on February 17, had said that a document filed by the petitioners appeared to be forged and fictitious and issued notices to the petitioners to show cause as to why appropriate proceedings not be initiated against them for forgery and committing contempt/criminal contempt of court.
On 1 March, the Allahabad High Court had issued a bailable warrant after rejecting an exemption application moved on his behalf. On March 6 the Allahabad High Court had directed the chief judicial magistrate and the SSP of Lucknow to appear before it today and explain as to why action not be taken against them for not complying with its order related to bailable warrant against Khan.
