Supreme Court on Thursday (November 5) transferred former Uttar Pradesh minister and Samajwadi Party leader Mohd Azam Khan's petition challenging his arrest by the Enforcement Directorate (ED) to the Allahabad High Court. Khan has alleged that the agency arrested him just 40 minutes after he was released from jail on October 29 in connection with the dual PAN card case.
A bench comprising Chief Justice of India Surya Kant and Justice Joymalya Bagchi directed that the records of the petition be transferred to the Allahabad High Court within two days. The High Court's Registrar General was asked to place the matter before the Chief Justice for listing before a division bench on November 16.
The Supreme Court clarified that it was not expressing any opinion on the merits of Khan's allegations and considered approaching the High Court to be the appropriate course. It also granted him liberty to amend his petition and submit additional material in support of his case.
Khan has sought the quashing of his ED arrest and the subsequent judicial custody remand order. He has also challenged the November 1 order of the special court remanding him to judicial custody and sought interim relief in the form of release from custody.
Kapil Sibal calls arrest 'pure persecution'
Appearing for Khan, senior advocate Kapil Sibal described the ED action as "pure persecution", arguing that the agency arrested his client immediately after he secured release in all the other cases against him.
Sibal told the bench that Khan was 80 years old and feared that he could die in prison if he continued to face arrests in multiple cases.
"I will fight everything but I want bail. I am 80 years old. They arrested me in ED case and in 28 cases more so I will die in jail," Sibal submitted.
He further alleged that the arrest was mala fide and intended to keep Khan behind bars during the run-up to the upcoming Uttar Pradesh Assembly elections. According to the senior advocate, ED officials took Khan into custody outside the jail immediately after he walked out following his release.
Questioning the basis of the money laundering proceedings, Sibal pointed out that the alleged incident dated back to 2006, while the FIR was registered in 2019. "Incident is of 2006; the FIR filed in 2019. How does PMLA come in?" he asked.
Sibal also questioned the allegations being treated as proceeds of crime, referring to complaints involving the alleged looting of cash, gold earrings and livestock.
He referred to complaints alleging that Khan and others forcibly entered houses, looted cash and gold ornaments, demolished properties using bulldozers and took livestock, including goats.
"Just see the allegation. Now it is a list that in 2016 the accused forcibly entered her house and looted 5,000 cash and one tola gold earrings and demolished her home with a bulldozer. Then next complaint is that on the same day, the accused entered the house, threatened the family and destroyed property, looted cash, and demolished the home, took four goats. Goats and cows become the proceeds of crime... what is all this going on?" Sibal told the bench.
Responding to his submissions, CJI Surya Kant observed, "Your argument may have some substance, but we don't want to express any opinion."
The bench reiterated that it was not commenting on the merits of the allegations and left all legal contentions open for consideration by the High Court.
ED case linked to Jauhar Trust investigation
The ED's money laundering investigation against Khan is separate from the dual PAN card forgery case in which he and his son were granted bail by the Allahabad High Court on October 29.
According to reports, the ED arrested Khan on October 31, shortly after he and his son walked out of Rampur jail following the grant of bail. The arrest relates to a money laundering investigation linked to alleged financial irregularities involving the Mohammad Ali Jauhar University and the Mohammad Ali Jauhar Trust in Rampur.
The agency's investigation is based on multiple FIRs registered by the Uttar Pradesh Police. The allegations include the alleged diversion of government funds meant for public works towards the construction of the university, as well as suspected financial transactions and transfers of benami properties.
A special Prevention of Money Laundering Act (PMLA) court in Ghaziabad remanded Khan to 14 days of judicial custody on November 1. The ED had also attached land and buildings belonging to Jauhar University on October 28, with an estimated market value of ₹1,170 crore, as part of its investigation.
What is the dual PAN card case against Azam Khan and son?
The money laundering proceedings came shortly after Khan and his son Abdullah secured relief in the dual PAN card forgery case, in which both were convicted by a Rampur court.
In November 2025, a magistrate's court in Rampur found them guilty under Sections 467, 468, 420, 471 and 120-B of the Indian Penal Code (IPC). The charges related to forgery, cheating, using forged documents and criminal conspiracy.
The case originated from a 2019 FIR lodged by BJP leader Akash Saxena, who is now an MLA. He alleged that Abdullah had obtained and used two PAN cards carrying different dates of birth to secure undue benefits.
According to the prosecution, Abdullah initially obtained a PAN card from the Income Tax Department mentioning January 1, 1993, as his date of birth. This corresponded with the date recorded in his school and high school certificates. The same PAN card was used to operate a bank account and file income tax returns.
However, the prosecution alleged that Abdullah subsequently altered his bank passbook and PAN card details to show his date of birth as September 30, 1990. The altered documents were allegedly submitted along with his nomination papers for the 2017 Uttar Pradesh Assembly elections.
The prosecution claimed that the second date of birth was deliberately changed to make Abdullah appear eligible to contest the election, for which the minimum age requirement was 25 years. It further alleged that the forgery was carried out in conspiracy with his father, Azam Khan.
The prosecution also contended that the bank account mentioned in the nomination papers was neither linked to nor operated through the second PAN card.
On October 29, the Allahabad High Court suspended the sentences of Khan and his son and granted them bail. However, it declined to stay their convictions, meaning their disqualification from contesting elections remained in place.
With the Supreme Court transferring Khan's challenge to the ED arrest, the Allahabad High Court will now consider his plea for quashing the arrest and remand, along with his request for interim release, on November 16.