The SC bench, comprising Justices Hemant Gupta and Vikram Nath, did not find any reason to impede the HC order.
"However, any observation and discussion passed by the high court will not prejudice the trial which the appellant is required to face," the bench stated.
Senior advocate Kapil Sibal, appearing for Azam Khan, submitted that the HC wrongly relied on the findings of the Election Commission while refusing to quash the charge sheet.
Replying to Sibal's argument, the apex court mentioned it was for the trial court to examine the evidence in the case.
The fake birth Certificate case
Azam Khan, his wife Tazeen Fatima and son Abdullah Azam Khan had been in jail in a criminal case registered against them over two allegedly fake birth certificates issued to Abdullah, one from Lucknow and another from Rampur.
The FIR against Abdullah, the sitting MLA from Swar In Uttar Pradesh, was lodged by BJP leader Akash Saxena at the Ganj police station in Rampur on 3 January 2019. He alleged that Azam Khan and his wife helped their son obtain two fake date of birth certificates.
This was not the first instance for Abdullah was accused of playing loose with the age eligibility laid by the Election Commission for the Vidhan Sabha Elections. Abdullah Azam was elected to the state assembly in the previous polls, too, but the Allahabad High Court had cancelled the election on the ground that he was less than the required 25 years of age at the time of filing his nomination.
Azam Khan, a 10-term MLA from Rampur Assembly constituency and the foremost Muslim politician from the state, was lodged in jail for 27 months in connection with several cases, including that of land grabbing. He was granted interim bail by the Supreme Court in a cheating case in May this year.
Earlier this month, the Enforcement Directorate (ED) had summoned the wife and son of SP veteran for questioning in a money laundering case being probed against him.
With inputs from PTI.
