New Delhi: The Supreme Court on Thursday used its special powers under Article 142 of the Constitution to grant interim bail to Samajwadi Party leader Azam Khan, who argued that the Uttar Pradesh government was relentlessly registering cases against him to ensure he stays in prison.
The order was passed by a bench of justices L Nageswara Rao, BR Gavai and AS Bopanna on a petition moved by Khan, where he alleged that there was a political witch-hunt against him by the state as the latest FIR of 2020 in which he was added as an accused on May 6 was the 88th criminal case filed against him.
The Supreme Court gave him time to approach the concerned trial court within two weeks for regular bail.
In the event his bail gets rejected, the top court ordered that the interim bail order will remain in force for two weeks after the said order on regular bail is passed.
Mr Khan had argued that by the time he gets bail in one case, he is made an accused in another crime. This would render any order of bail previously granted to him ineffective.
The bench, also comprising Justices B.R. Gavai and A.S. Bopanna, told the UP government counsel that Khan has been in jail for two years, and in one or two cases it is okay, but it cannot be in 89 cases.
"Whenever he gets bail, he is again sent to jail in some other matter. You file a reply. We will hear on Tuesday," the bench told the state government counsel.
The UP government has been constantly opposing bail by calling him a "habitual offender", while Khan's lawyer Kapil Sibal had made several arguments before the Supreme Court and demanded bail.
Last week, the top Court had told Uttar Pradesh that probably a pattern is emerging in the case of Samajwadi Party leader Azam Khan - that whenever he gets bail, he is sent to jail in some other matter.