On Tuesday(21st May),Ghazipur MP Afzal Ansari appeals his Gangsters’ Act conviction related to the 2005 murder of BJP MLA Krishnanand Rai in Allahabad HC, citing his acquittal in the main case. Advocates argue selective application of the law among politically active individuals among the accused.
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Prayagraj: On Tuesday(21st May), Ghazipur MP Afzal Ansari challenged his conviction by a Ghazipur trial court in a Gangsters’ Act case connected to the 2005 murder of BJP MLA Krishnanand Rai. He filed the appeal in the Allahabad High Court, arguing that he had been acquitted in the main case.
Senior advocates G S Chaturvedi and Upendra Upadhya, representing Ansari, contended that out of the seven accused in the murder case, only Afzal Ansari, his brother, and another person, all of whom were politically active, were selectively booked under the Uttar Pradesh Gangsters and Anti-Social Activities (Prevention) Act.
“Moreover, the witnesses are identical in both instances.”
-Afzal Ansari’s counsel said.
The counsel also submitted before the high court that since Ansari has been acquitted in the murder case, he cannot be convicted in a subsequently imposed case under the Gangsters’ Act.
After hearing the appellant’s counsel, Justice Sanjay Kumar Singh directed that the hearing of the appeal would continue on Wednesday. The court will then hear the arguments of the state government’s counsel.
This high court is also hearing the Uttar Pradesh government’s appeal seeking enhancement of Ansari’s sentence in the same Gangsters’ Act case and a criminal revision filed by Piyush Rai, son of Krishnanand Rai, also seeking enhancement of the sentence.
Earlier, Ansari was disqualified as an MP following a judgment of a special MP-MLA court in Ghazipur on April 29, 2023, as he was convicted and sentenced to four years and fined Rs 1 lakh in the Gangsters’ Act case.
“The Gangsters’ Act was filed at the Mohammadabad police station in Ghazipur district, citing Ansari’s purported role in the 2005 murder of Krishnanand Rai.”
– the court had observed.
The special MP-MLA court, in a judgment dated April 29, 2023, had also convicted Ansari’s younger brother Mukhtar Ansari in a 2007 Gangsters’ Act matter. While Afzal Ansari was sentenced to four years, a 10-year jail term was awarded to Mukhtar Ansari.
Mukhtar Ansari, a gangster and a politician, who was serving a jail term, died of cardiac arrest in a hospital in Banda on March 28.
On July 24, 2023, the Allahabad High Court granted bail to Ansari but declined to stay his conviction in the case. As a result, though Afzal was released from jail, his membership in Parliament was not restored.
“Additionally, he was also disqualified from contesting future Lok Sabha elections due to a sentence exceeding two years.”
-the court had observed.
Later, the Supreme Court stayed Ansari’s conviction in the case. As a result, his membership of Parliament was restored, and he also became eligible to contest the Lok Sabha election. The apex court directed to expedite the hearing of the criminal appeal pending before the high court and directed to decide it by June 30.
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Ansari has been fielded by the Samajwadi Party from Ghazipur Lok Sabha constituency. He had won on the Bahujan Samaj Party ticket in the last Lok Sabha election.
