SC denies Azam Khan relief, directs him to Allahabad HC in ED arrest case
Synopsis
Arrested just 40 minutes after walking out of jail on bail, SP leader Azam Khan found no immediate relief at the Supreme Court, which redirected his plea to the Allahabad High Court. With 28 cases against him, ₹426.46 crore in attached assets, and Uttar Pradesh elections looming, the legal battle over his arrest is set to intensify when the High Court takes it up on 16 November.
Key Takeaways
The Supreme Court on 5 November 2026 refused immediate relief to SP leader Azam Khan in his challenge to his ED arrest in a money laundering case.
A Bench of CJI Surya Kant and Justice Joymalya Bagchi directed transfer of records to the Allahabad High Court , with a hearing listed for 16 November .
Khan was arrested by the ED approximately 40 minutes after securing bail and walking out of jail on 31 October .
Senior advocate Kapil Sibal alleged the arrest was mala fide and timed to keep Khan jailed ahead of Uttar Pradesh Assembly elections .
The ED has provisionally attached university assets worth ₹426.46 crore and cited alleged diversion of government funds in the case.
Khan, around 80 years old , remains lodged in Dasna jail and in judicial custody until 13 November .
The Supreme Court on Thursday, 5 November 2026, declined to grant immediate relief to Samajwadi Party (SP) leader Mohammad Azam Khan in his plea challenging his arrest by the Enforcement Directorate (ED) in a money laundering case, instead directing him to approach the Allahabad High Court. The apex court's decision leaves Khan, currently lodged in Dasna jail, without interim relief for the near term.
What the Supreme Court Directed
A Bench comprising Chief Justice of India (CJI) Surya Kant and Justice Joymalya Bagchi directed the apex court registry to transfer all case records to the Allahabad High Court within two days. The Bench also requested the High Court to list the matter before an appropriate Division Bench on 16 November.
Crucially, the CJI-led Bench clarified it was not expressing any opinion on the merits of the case. The court also granted Khan liberty to amend his petition and place additional material on record.
Arguments Raised by Khan's Counsel
Senior advocate Kapil Sibal, appearing for Khan, contended before the Bench that the ED's action was mala fide and amounted to harassment. Sibal pointed out that Khan was arrested by the ED approximately 40 minutes after walking out of jail on 31 October, following bail in the dual PAN card case.
Sibal further submitted that 28 cases had been registered against Khan, in addition to an Enforcement Case Information Report (ECIR) under the Prevention of Money Laundering Act (PMLA). He alleged that the latest arrest was intended to ensure Khan remained incarcerated during the forthcoming Uttar Pradesh Assembly elections. Sibal also told the Bench that Khan, who is around 80 years old, could potentially spend the rest of his life in prison if successive arrests continued.
The ED's Case and Allegations
The ED arrested Khan in connection with a money laundering investigation linked to Maulana Mohammad Ali Jauhar University in Rampur, Uttar Pradesh. The investigation stems from FIRs alleging the forcible acquisition of agricultural land belonging to farmers for the university.
The ED has also claimed that government funds and resources were diverted towards the development of the institution. The agency had provisionally attached land and buildings of the university worth ₹426.46 crore, claiming these represented alleged proceeds of crime. The university is owned by the Maulana Mohammad Ali Jauhar Trust, founded and controlled by Khan, who also serves as its honorary Chancellor.
Khan's Current Legal Status
Khan's original plea before the Supreme Court had sought the quashing of the ED's arrest, as well as the order dated 1 November passed by the Special Court in Ghaziabad remanding him to judicial custody. It had also sought his release as an interim measure. Following the ED's arrest, he was remanded to judicial custody until 13 November by the Ghaziabad MP-MLA Court and lodged in Dasna jail.
This is the latest in a prolonged legal saga for the SP veteran, who was previously in jail for several years in connection with separate cases. The matter now moves to the Allahabad High Court, where the next significant hearing is scheduled for 16 November.
Point of View
Not an endorsement of the ED's conduct; but it leaves a nearly 80-year-old politician behind bars while the legal machinery moves at its own pace. The timing of the arrest, reportedly 40 minutes after Khan walked free on bail, is precisely the kind of sequence that courts have scrutinised in past PMLA cases. The Allahabad High Court, which will now examine the matter, operates under a heavier docket, and the gap between the 13 November custody extension and the 16 November listing is narrow enough to watch closely. The broader pattern — multiple overlapping FIRs, provisional attachment of substantial assets, and arrests at the moment of release — is one that opposition parties will cite as evidence of selective use of federal agencies, even as the ED maintains it is following evidence in a legitimate money laundering probe.
NationPress
5 Nov 2026
Frequently Asked Questions
Why did the Supreme Court not give relief to Azam Khan?
The Supreme Court declined to grant immediate relief and instead directed Khan to approach the Allahabad High Court, which will hear the matter on 16 November. The Bench clarified it was not expressing any opinion on the merits of the case.
Why was Azam Khan arrested by the ED?
The ED arrested Khan in connection with a money laundering investigation linked to Maulana Mohammad Ali Jauhar University in Rampur, Uttar Pradesh. The case stems from FIRs alleging forcible acquisition of farmers' land for the university and alleged diversion of government funds.
When was Azam Khan arrested and what is his current custody status?
Khan was arrested by the ED reportedly around 40 minutes after walking out of jail on 31 October 2026, following bail in the dual PAN card case. He was subsequently remanded to judicial custody until 13 November by the Ghaziabad MP-MLA Court and is lodged in Dasna jail.
What assets has the ED attached in the Azam Khan case?
The ED has provisionally attached land and buildings belonging to Maulana Mohammad Ali Jauhar University worth ₹426.46 crore, which it claims represent alleged proceeds of crime. The university is owned by the Maulana Mohammad Ali Jauhar Trust, founded and controlled by Khan.
What will happen next in the Azam Khan ED case?
The case has been transferred to the Allahabad High Court, which is expected to list the petition before a Division Bench on 16 November 2026. Khan has also been granted liberty by the Supreme Court to amend his petition and place additional material on record.
