A bench headed by Justice L. Nageswara Rao invoked Article 142 to grant relief to Khan in view of peculiar facts of the case. The top court added that its order for interim bail will continue till the trial court decides his regular bail plea. The bench said, "This is a fit case to exercise the powers under Article 142..."

 

On May 11, the Supreme Court had told the Uttar Pradesh government that a pattern was emerging in the case of Samajwadi Party leader -- whenever he gets bail, he is sent to jail in some other matter. The top court directed the state government to file its response on a plea filed by Khan over the delay in hearing of his bail application in a land grabbing case.

 

A bench headed by L. Nageswara Rao said: "What is this? Why not let him go." The bench, also comprising Justices B.R. Gavai and A.S. Bopanna, told the Uttar Pradesh government counsel that Khan has been in jail since two years, and in one or two cases it is okay, but it cannot be in 89 cases. "Whenever he gets bail, he is again sent to jail in some other matter. You file a reply. We will hear on Tuesday," the bench told the state government counsel.

 

Additional Solicitor General S.V. Raju, representing the state government, contended before the bench that a wrong impression is being created and each case against Khan has substance.

 

On May 6, the Supreme Court expressed discontent over the delay in deciding the bail application of Khan .

 

In February, the top court had declined to grant interim bail to Azam Khan for campaigning in the Uttar Pradesh elections. The court asked him to move the Allahabad High Court, where his bail plea is pending.

 

A case was registered against Khan and others for allegedly grabbing of enemy property and misappropriation of public money of more than hundreds of crores of rupees.