Additional Solicitor General SV Raju, appearing for the Uttar Pradesh government, told a bench headed by Justice L Nageshwar Rao that he had allegedly threatened the investigating officer in the land grab case.
He is a land grabber. Personal charges have been filed against him … he is a habitual offender. Everything has been forged by this person, ”ASG told a bench comprising Justice BR Gavai and AS Bopanna.
The ASG said Khan was seeking interim bail which could not be granted.
“There is a case of life imprisonment against him. As he is a habitual criminal and land grabber, his previous incidents should also be investigated. ”
The apex court told ASG that the state government could not grant him bail in one case and keep him in jail in another.
Senior lawyer Kapil Sibal, appearing for Khan, submitted how he could threaten anyone as his client was in jail for two years.
Sibal claimed that the state government could not conduct itself in a “barbaric manner”.
After hearing both sides, the Supreme Court reserved its order.
The court had earlier asked the state government to file its reply in the case. The apex court had earlier expressed frustration over the delay in hearing Khan’s bail plea, saying it was a fraud of justice.
He (Khan) has been on bail for so many days except one, it is a fraud of justice. We will not say more than that, the bench said.
Khan’s lawyer told the apex court that the High Court had reserved its judgment on the bail application.
The Allahabad High Court had on May 5 reserved its order on Khan’s bail application in the case of possession of enemy property for his Mohammad Ali Jawahar University project.
An FIR was lodged against Khan and others for possession of enemy property and misappropriation of public funds amounting to hundreds of crores of rupees.
It was alleged in the FIR that an Imamuddin Qureshi had gone to Pakistan during partition and his land was recorded as enemy property, but Khan had occupied the plot in collusion with others.
An FIR was lodged with the Azam Nagar police station in Rampur under the Indian Penal Code (IPC) and the Prevention of Damage to Property Act.
On December 4 last year, the High Court reserved its judgment. However, the Uttar Pradesh government later filed an application seeking permission to present some new information through a new affidavit, which was submitted on Thursday.
Earlier, in February, the apex court had denied interim bail to Khan for campaigning in the Uttar Pradesh elections and asked him to go to the relevant court for speedy disposal.
The petition filed by Khan claimed that the state had deliberately resorted to all available means to delay the proceedings so that he could be kept in jail during the recent Uttar Pradesh Assembly elections.
Khan is currently lodged in Sitapur Jail on several charges including land grabbing filed against him in Rampur.