The court had on Tuesday reserved its judgement in the case.
Citing unusual facts presented before it, the Supreme Court today granted interim bail to Samajwadi Party leader Azam Khan in an alleged cheating case. The interim bail will continue till he is regular bail plea is decided, clearing the way for his release.
The court invoked Article 142 to grant relief to Khan in view of the peculiar facts of the case. Article 142 provides a unique power to the Supreme Court, to do "complete justice" between the parties, where at times law or statute may not provide a remedy.
The case related to alleged land grabbing and forgery related to Rampur Public School. He has been accused of forging building certificates to get recognition for the school.
A bench of Justices LN Rao, BR Gavai and AS Bopanna was hearing a writ petition. The Bench had earlier expressed concern regarding the delay in disposing of Mr Khan's bail application by the Allahabad High Court.
The Samajwadi strongman has been in the Sitapur prison since 2020. The court had on Tuesday reserved its judgement in the case.
The Uttar Pradesh government had told the court that the investigators in the case have been threatened. They had allegedly been threatened even when Mr Khan's testimony was recorded, police said.
Mr Khan's lawyer senior advocate Kapil Sibbal told the court that Mr Khan has been in prison for the past two years and thus the question of him threatening anyone does not arise.
Earlier this month, the Allahabad High Court granted Mr Khan bail in a land grab case days after a sharp rebuke by the Supreme Court.
A prominent Muslim face of the Akhilesh Yadav-led Samajwadi Party and among its strongest leaders, Mr Khan had a host of cases filed against him after the BJP came to power in UP. He still managed to win the 2019 Lok Sabha polls from Rampur and the 2022 state polls from jail.
The Supreme Court had previously expressed displeasure over the delay in deciding the bail application of Mr Khan in the land grab case, saying "this is a travesty of justice".
BSP chief Mayawati has also come out in support of Mr Khan, saying his continued incarceration is being regarded as a "strangulation of justice" by the common man.
Azam Khan, a former state minister, got bail in 88 out of 89 cases but fresh cases were filed against him.
