The Supreme Court on November 5, transferred Samajwadi Party leader Mohd. Azam Khan’s petition challenging his arrest by the Enforcement Directorate (ED) to the Allahabad High Court, directing that the matter be listed before a Division Bench on November 16.
The Bench of Chief Justice of India Surya Kant and Justice Joymalya Bagchi declined to examine the merits of Khan’s allegations at this stage. However, it directed the High Court to consider his request for interim relief on the scheduled hearing date.
Background
Khan approached the Supreme Court after being taken into ED custody shortly after his release from Rampur jail on October 31, 2026. His arrest relates to a money laundering investigation connected with alleged financial irregularities involving the Mohammad Ali Jauhar University and the Mohammad Ali Jauhar Trust.
The ED proceedings are linked to multiple FIRs registered in Uttar Pradesh. A Special PMLA Court in Ghaziabad had remanded Khan to 14 days of judicial custody on November 1.
Challenging the arrest and subsequent remand order, Khan sought their quashing and requested release as interim relief.
Senior Advocate Kapil Sibal, appearing for Khan, questioned the circumstances in which the ED proceedings were initiated. He alleged that the action amounted to political persecution and raised concerns about the number of cases being relied upon by the investigating agency.
Sibal argued,
"Although the investigation is based on a single ECIR, it refers to 28 separate cases. The circumstances raise serious concerns about the manner in which these proceedings have been initiated. How can an FIR be registered in 2019 over an alleged incident dating back to 2006, particularly when I was no longer in power? The entire exercise appears to be an act of persecution, and such action should not be permitted."
Responding to these submissions, Chief Justice Surya Kant observed,
"Your argument may have some substance, but we do not want to express any opinion."
The Bench made it clear that it would not record any finding on the merits of the allegations.
The Supreme Court considered that Khan should first pursue his challenge before the jurisdictional High Court. To ensure an early hearing, it directed the transfer of the original petition records to the Allahabad High Court within two days.
The Bench ordered:
"The appropriate course for the petitioner would be firstly to approach the jurisdictional High Court. However, in order to expedite the hearing, we direct the Registry to transfer the original record of this petition to the Registrar General of the Allahabad High Court. The records must be transmitted within two days."
The Court further directed the Registrar General to place the matter before the appropriate authority, even during the vacation period, to secure its listing before a Division Bench on November 16, 2026.
The High Court was also requested to consider Khan's application for interim relief on that date. The Supreme Court granted him liberty to amend his prayers and submit additional documents, if required.
The Bench clarified that it had not expressed any opinion on the merits of the case and that all contentions would remain open.
Accordingly, the Supreme Court transferred the petition to the Allahabad High Court and directed priority hearing on November 16, 2026.
