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SP's Azam Khan, wife and son get 7-year jail in fake birth certificate case

Last updated on: October 18, 2023 19:48 IST

Samajwadi Party leader Azam Khan, his wife Tazeen Fatima and son Abdullah Azam were sent to jail on Wednesday after a court here convicted them in a 2019 fake birth certificate case and awarded a seven-year term.

IMAGE: Samajwadi Party chief Akhilesh Yadav along with party senior leader Azam Khan (right) at Malihabad in Lucknow, July 11, 2023. Photograph: ANI Photo

The trio was held inside the courtroom in judicial custody for a few hours before being taken to the Rampur district jail in a police jeep, said Arun Parkash Saxena, a former district government counsel, who represented the prosecution in the case.

 

As they were being escorted by police officials, Azam Khan told the mediapersons waiting outside the jail, "A decision has been taken today and there is a difference between a decision and justice."

Elder son Adeeb Azam was seen hugging his parents outside the jail.

The FIR in the case was lodged by Bharatiya Janata Party MLA Akash Saxena at the Ganj police station in Rampur on January 3, 2019.

It was alleged that Khan and his wife helped their son obtain two fake birth certificates: one from Lucknow and another from Rampur.

Special MP-MLA court magistrate Shobit Bansal awarded the three maximum seven-year sentences.

According to the charge sheet, in the certificate issued by the Rampur municipality, Abdullah Azam's date of birth was mentioned as January 1, 1993.

The other certificate showed he was born in Lucknow on September 30, 1990.

The trio has been found guilty under section 420 (cheating), 467(forgery valuable security), 468 (forgery for purpose of cheating), 471 (using as genuine a forged document), 472 (making or possessing counterfeit seal, etc., with intent to commit forgery) and 120 (B) (criminal conspiracy) of IPC.

"The court awarded seven-year imprisonment in conviction under section 467 of the IPC along with a fine of Rs 15,000 each. Three-year imprisonment has been given under IPC section 468 and fine of Rs 10,000 each. Three-year imprisonment has been awarded to them under IPC section 420 and fine of Rs 10,000 each. Two-year imprisonment in conviction under IPC section 420 and fine of Rs 10,000 each. One-year imprisonment in conviction under IPC section 120 B and a fine of Rs 5,000 each," said Arun Prakash Saxena.

"All these jail terms will run parallel, so the maximum conviction will be considered of seven years along with a total fine of Rs 50,000," he added.

The district administration made special security arrangements in the court premises to prohibit any unlawful gathering by the supporters of Azam Khan.

Additional police force was also deployed at various places in the city to avoid any untoward incident following the judgement.

Reacting to the development, Samajwadi Party president Akhilesh Yadav told journalists in Kannauj, "Everyone knows that he (Azam Khan) is being harassed because he built a University and has a different religion."

"Azam Khan is being attacked like this continuously. He is being treated like this under a big conspiracy. BJP leaders and some officials brought from the outside have been conspiring against him since day one," Akhilesh Yadav added.

BJP MLA Saxena alleged on Wednesday that Azam Khan used his influence and got a birth certificate issued for his son to make him eligible to contest elections and become an MLA in 2017.

"In 2017, Abdullah was not eligible to contest assembly elections as he was 24-year-old as per his first birth certificate. Azam used his influence and got another birth certificate of Abdullaha Azam prepared in which his age was shown as September 30, 1990 making him eligible to contest 2017 polls. He won that election," Saxena told PTI.

Saxena said he filed a complaint after getting the information about the two birth certificates.

Azam Khan was disqualified from the legislative assembly last year after a court sentenced him to three years in jail in a 2019 hate speech case.

The veteran politician won the Rampur Sadar assembly seat in the 2022 Uttar Pradesh assembly polls for a record 10th time. He then gave up the Rampur parliamentary seat, which he won in 2019.

Azam Khan is a 10-term MLA and was also elected to the Lok Sabha and the Rajya Sabha.

Abdullah Azam, who won from the Suar constituency in the 2022 assembly election on a SP ticket, was in February this year convicted by a Moradabad court in a 2008 case of wrongful restraint and assault on a public servant to deter him.

Two days after being convicted and awarded a two-year jail term in the case, Abdullah Azam was disqualified from the Uttar Pradesh Legislative Assembly. He went to the High Court, seeking a stay of the conviction which was refused.

Under the provisions of Representation of the People Act (RPA), 1951, anyone sentenced to imprisonment of two years or more shall be disqualified 'from the date of such conviction' and remain disqualified for another six years after serving time in jail.

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