Samajwadi Party leader and former Uttar Pradesh minister Mohammad Azam Khan has approached the Supreme Court challenging his arrest by the Enforcement Directorate (ED), which took him into custody shortly after he walked out of Rampur jail on October 31.
Advocate Nizam Pasha mentioned Khan's petition before Chief Justice of India Surya Kant on Monday, seeking an urgent hearing. The Chief Justice indicated that the matter could be listed during the week, although the court did not agree to an immediate urgent hearing.
Khan has challenged both the ED's arrest and a November 1 order by a special Prevention of Money Laundering Act (PMLA) court in Ghaziabad remanding him to judicial custody for 14 days. As interim relief, he has sought release from custody.
The petition seeks the quashing of the arrest and the subsequent judicial remand order.
Arrest followed bail in dual PAN card case
The fresh legal challenge comes after the Allahabad High Court granted bail to Khan and his son, Abdullah Azam Khan, on October 29 in the alleged dual PAN card case.
The High Court suspended Khan's 10-year prison sentence but declined to stay his conviction. After completing the necessary formalities, the father and son were released from Rampur district jail on October 31.
However, Khan's release proved short-lived. An ED team took him into custody shortly after he walked out of prison, in connection with a separate money laundering investigation involving the Maulana Mohammad Ali Jauhar Trust and Mohammad Ali Jauhar University in Rampur. Abdullah was allowed to leave.
The agency subsequently questioned Khan and produced him before a special PMLA court in Ghaziabad on November 1. The court remanded him to 14 days of judicial custody, following which he was taken to Dasna jail.
ED case linked to Jauhar University
The ED's investigation concerns alleged financial irregularities involving the Mohammad Ali Jauhar University project. The agency has alleged that government funds meant for public works were diverted towards the construction of the private university founded by Khan.
The money laundering probe was initiated on the basis of cases registered by the Uttar Pradesh Police. Reports have cited 58 FIRs against Khan and his alleged associates in connection with the investigation.
On October 28, the ED provisionally attached land and buildings belonging to the university, estimating their current market value at around ₹1,170 crore. The agency has also alleged that the university trust received donations from non-genuine sources.
Khan's legal challenge before the Supreme Court is directed at the legality of his arrest and the subsequent judicial custody order, rather than the bail proceedings in the separate dual PAN card case.
The Supreme Court is expected to take up the plea during the current week.