NEW DELHI, Jan 31: The Supreme Court today issued a notice to Uttar Pradesh Government on a plea filed by Suheldev Bharatiya Samaj Party MLA Abbas Ansari seeking bail in a criminal case registered under the Uttar Pradesh Gangsters and Anti-Social Activities (Prevention) Act, 1986.
A bench comprising Justice Surya Kant and Justice N Kotiswar Singh passed the order after hearing Senior Advocate Kapil Sibal, who argued that the FIR against Ansari was based on allegations that had already been quashed previously.
The case pertains to alleged gang activities in Chitrakoot, which is 450 km away from Kasganj, where Ansari has been for the past 1.5 years.
“This is shocking… The FIR already stands quashed once. This is the second FIR. If you read, it’s ex facie all fraudulent. Same allegations in the previous one which was quashed. Somebody roams around, and they say he is running a gang! On March 28, your Lordships gave notice, and the Additional Solicitor General (ASG) sought time on September 4… and then they lodged this,” Sibal submitted.
ASG KM Nataraj, representing the UP government, sought two weeks to file a counter-affidavit. Granting the request, the bench allowed the ASG the requested time.
Before the hearing concluded, Sibal raised concerns about Ansari being physically transported to attend trial proceedings, which he had previously attended virtually.
He expressed apprehensions about potential harm during such transfers, referencing incidents where accused individuals died in police encounters.
Justice Surya Kant noted that no such plea was made in the petition and did not pass any directions. However, the bench clarified that Ansari would be at liberty to move the High Court for any additional prayer, which would be taken up for urgent consideration.
Ansari initially approached the Supreme Court seeking bail under the Gangsters Act. The plea was not entertained, as the Court directed him to approach the High Court first.
On December 18, 2024, the Allahabad High Court dismissed Ansari’s bail plea, citing his alleged leadership of a registered gang, pending investigations, and potential risks of tampering with evidence.
The FIR, lodged on August 31, 2024, at Kotwali Karvi Police Station in Chitrakoot, accused Ansari and others of forming a gang for financial and other benefits, using threats, assaults, and extortion.
The High Court noted Ansari’s criminal antecedents, including 11 cases against him, one under the Prevention of Money Laundering Act (PMLA). The Court highlighted allegations that jail officials had unlawfully facilitated private meetings between Ansari, his wife, and his driver.
“The status of the applicant-accused as an MLA does not at all call upon him to indulge in criminal activities and acts against law, rules, and procedure,” the High Court observed.
The Supreme Court will now await the response from the UP government before proceeding further in the case.
(UNI)
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