NEW DELHI, Jan 31: The Supreme Court has issued a notice to the Uttar Pradesh Government in response to a plea from Suheldev Bharatiya Samaj Party MLA Abbas Ansari, who is seeking bail in a criminal case linked to the Uttar Pradesh Gangsters and Anti-Social Activities (Prevention) Act, 1986.
A bench led by Justice Surya Kant and Justice N. Kotiswar Singh made this ruling after hearing arguments from Senior Advocate Kapil Sibal. Sibal contended that the FIR against Ansari relies on previously quashed allegations.
The case revolves around purported gang activities in Chitrakoot, situated 450 km from Kasganj, where Ansari has resided for the past year and a half.
“This is highly concerning… The FIR has already been quashed once. This marks a second FIR. When you read it, it is blatantly fraudulent. It contains the same accusations as the earlier one that was dismissed. Some individuals are claiming he is running a gang! On March 28, your Lordships issued a notice, and the Additional Solicitor General (ASG) requested time on September 4… and subsequently, this FIR was filed,” Sibal argued.
ASG KM Nataraj, representing the Uttar Pradesh government, requested two weeks to submit a counter-affidavit. The bench consented to this request.
Before concluding the hearing, Sibal expressed worries regarding Ansari’s physical transport for trial proceedings, which he had previously attended virtually. He voiced concerns about the risk of harm during such transfers, referencing cases where accused individuals died in police encounters.
Justice Surya Kant remarked that no such request was made in the petition and did not provide any directives. However, the bench clarified that Ansari could approach the High Court for further relief, which would be considered urgently.
Initially, Ansari sought bail from the Supreme Court under the Gangsters Act; however, the Court directed him to approach the High Court first. On December 18, 2024, the Allahabad High Court rejected his bail application, citing his alleged leadership in a registered gang, pending investigations, and risks related to evidence tampering.
The FIR, filed on August 31, 2024, at Kotwali Karvi Police Station in Chitrakoot, accused Ansari and others of forming a gang for financial gain and leveraging threats, violence, and extortion.
The High Court acknowledged Ansari’s criminal record, which includes 11 cases, one of which falls under the Prevention of Money Laundering Act (PMLA). The Court noted allegations indicating that prison officials had unlawfully facilitated personal meetings between Ansari, his wife, and his driver.
“The status of the applicant-accused as an MLA does not justify engagement in criminal activities or violations of law and procedure,” observed the High Court.
The Supreme Court is now awaiting the Uttar Pradesh government’s response before advancing further in this matter.
(UNI)
