CJI Led Bench in the Supreme Court Today (May 3rd) agreed to hear a plea by jailed MLA Abbas Ansari seeking permission to attend special prayers for his late father Mukhtar Ansari.
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NEW DELHI: The Supreme Court of India today agreed to hear the plea of incarcerated MLA Abbas Ansari, who has requested permission to attend special memorial prayers for his late father, Mukhtar Ansari.
Mukhtar Ansari, a former gangster-turned-politician, passed away due to cardiac arrest at a hospital in Banda, Uttar Pradesh, on March 28.
Chief Justice D.Y. Chandrachud confirmed the court’s decision to address the plea, acknowledging the familial relationship by stating,
“I have already granted the listing…yes, he is the son of Mukhtar Ansari.”
This statement came in response to lawyer Nizam Pasha, who represents Abbas Ansari, pressing for the plea’s urgent listing.
Previously, the apex court had requested a response from the Uttar Pradesh government regarding Abbas Ansari’s plea to participate in the ‘fatiha’ or special prayers scheduled for April 10, following his father’s death. This legal move comes amidst a backdrop of Mukhtar Ansari’s controversial profile-he was a five-time MLA from Mau Sadar constituency and had been imprisoned in both Uttar Pradesh and Punjab since 2005, facing over 60 criminal cases.
Mukhtar Ansari’s demise occurred on the night of March 28 at Rani Durgawati Medical College after his health deteriorated, prompting an emergency transfer from Banda jail.
This case has drawn considerable attention, not only due to the political stature of the involved individuals but also because of the legal precedents concerning the rights of incarcerated persons to participate in significant family rituals.
The Supreme Court’s upcoming decision will likely resonate beyond this individual case, potentially impacting future considerations for similar requests by other inmates.
EARLIER IN SUPREME COURT
Abbas Ansari was granted bail on April 9th by the Supreme Court to participate in the ‘Fatiha’ ceremony of his late father, Mukhtar Ansari, which is scheduled for April 10th.
This decision by Justice Surya Kant acknowledges the significance of the religious ceremony and allows Abbas Ansari the opportunity to pay his respects to his father in accordance with his beliefs and customs.
While granting bail to Abbas Ansari, Justice Kant commented:
“Do not make hype of these cases”
The granting of bail underscored the court’s recognition of the importance of upholding an individual’s rights to observe cultural and religious practices while also ensuring justice is served. It reflected a balance between the legal considerations and the humanitarian aspects of the case, demonstrating the court’s sensitivity to the needs and circumstances of the individuals involved.
And before that the Supreme Court of India intervened by requesting a response from the state of Uttar Pradesh regarding a petition filed by Abbas Ansari. The petition seeked approval for Abbas to attend the upcoming ‘Fatiha’ ceremony commemorating his late father, Mukhtar Ansari, a former gangster turned politician who recently died in prison. The ceremony was set to occur on April 10th.
The bench, led by Justice Surya Kanta, decided to expedite the matter by scheduling further hearings for April 9, just one day prior to the ‘Fatiha’ ceremony.
Representing Abbas, Advocate Nizam Pasha informed the court about the primary intent of the petition, which originally sought permission for Abbas to attend his father’s last rites. However, given that the ceremony in question has passed, Advocate Pasha requested an amendment to the petition to focus instead on the ‘Fatiha’ ceremony.
He stated-
“The plea was for seeking permission to attend the last rites of his father Mukhtar Ansari, which as of now has become infructuous.”
Acknowledging the changed circumstances, the Supreme Court directed Advocate Pasha to revise the petition accordingly and to provide a copy to the respondents for their review.
Besides rescheduling the hearing, the Supreme Court also permitted Abbas Ansari to present his plea on this morning, ensuring thorough exploration of all procedural options before the ‘Fatiha’ ceremony. Abbas, presently held in Kasganj district jail, was unable to participate in his father’s funeral rites.
Mukhtar Ansari’s burial took place at the Kali Bagh burial ground in Ghazipur, alongside his parents, marking the end of a controversial and tumultuous life. He died on March 28 at a hospital in Banda, Uttar Pradesh, under mysterious circumstances that led his family to allege foul play, claiming he was “given poison in the food.”
The hospital’s official statement noted that Ansari was admitted at 8:25 pm on a Thursday and received immediate attention from a nine-doctor team until his passing. The seriousness of these allegations has prompted the formation of a three-member team tasked with conducting a magisterial investigation into the circumstances surrounding Ansari’s death.
Earlier in April 2023, Mukhtar Ansari had been convicted and sentenced to a decade in prison for the murder of BJP MLA Krishnanand Rai. Furthermore, on March 13 of this year, he received a life sentence in a separate case related to the forgery of documents for acquiring an arms license in 1990.
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