HC bars govt action against accused in Jauhar varsity case

Prayagraj: The Allahabad high court on Friday directed the state government not to take any coercive action against Mohd Fasih Zaidi, one of the accused in 27 land grabbing cases related to the land of Mohd Ali Jauhar University of Rampur district.
Last year, as many as 27 FIRs relating to land grabbing were registered against senior Samajwadi Party (SP) leader Azam Khan and his associates. In March this year, the name of the petitioner, Mohd Fasih Zaidi, was added during investigation by the police. Consequently, on September 16, the summons were issued against the petitioner in all the 27 cases by the trial court at Rampur district. Hence, the petitioner challenged the summons issued by the trial court in the present petition before the high court.
Hearing a petition filed by Mohd Fasih Zaidi, Justice Suneet Kumar further directed that he will cooperate in the trial of the case. In the present petition, the petitioner has sought quashing of summons issued against him by the trial court at Rampur district court.
Appearing on behalf of the petitioner, senior advocate Manish Tiwari argued that the applicant is not named in the FIRs. Applicant was a member of the society and his name was implicated during investigation by the police. However, there is no evidence of culpability or complicity of the applicant in the commission of the alleged offence.
“The primary allegation in the FIRs were against the co-accused and not against the petitioner that they coerced some of the farmers to transfer their holdings in favour of the society, against their free will. The criminal prosecution against the petitioner is abuse of the process of court,” added the senior advocate.
However, the additional advocate general, representing the state government, raised the preliminary objection regarding the maintainability of the petition assailing summoning order in all 27 cases and sought time to address the court on the question of maintainability of the petition before the high court. On which the court fixed January 11, 2021 as the next date of hearing in the case and directed the state government and police not to take any coercive action till then.
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