[Breaking] SC Allowed MLA Abbas Ansari Of Late Father’s Memorial Service From June 11 to 12

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The Supreme Court granted permission to MLA Abbas Ansari to attend his late father’s remembrance prayer service and spend time with his family showcasing the court’s consideration for individual circumstances.

New Delhi,: Today (May 15): The Supreme Court granted permission to MLA Abbas Ansari to attend a private prayer service in honor of his late father, Mukhtar Ansari, on June 10 at his residence in Ghazipur, Uttar Pradesh.

In a bench composed of Justices Surya Kant and K V Viswanathan, the Supreme Court also allowed Abbas Ansari to spend time with his family on June 11 and June 12 while under police custody.

The court has directed the state police to make appropriate arrangements for this purpose. Furthermore, the court ordered that Ansari be transferred to Ghazipur jail before June 9, enabling him to participate in the prayer service without any hindrance.

“The petitioner will return to Ghazipur on June 10 at 6 pm, and subsequently, he will be escorted to his residence on June 11 and June 12 at 9 am, permitting him to spend quality time with his family and close relatives on both occasions,” the bench instructed.

According to the court’s ruling, Abbas Ansari will be brought back to Ghazipur on June 10 at 6 pm to attend the prayer service. He will then be taken to his home on June 11 and June 12 at 9 am, where he will be allowed to spend time with his family and close relatives on both dates. The court has further instructed that Ansari should be returned to Kasganj jail on June 13.

Garima Prashad, Additional Advocate General (AAG) for Uttar Pradesh, informed the court that all rituals and ceremonies related to the death of Mukhtar Ansari had already been completed, as per Abbas Ansari’s own admission. The court took note of this submission.

During the proceedings, the AAG requested the court to clarify that this ruling would not set a precedent, as there are over one lakh prisoners in the state and granting similar requests could inundate the court with such applications.

In response, the bench observed that law and order matters were the responsibility of the officials, and they did not mind providing relief to a larger number of individuals if necessary.

“The responsibility of maintaining law and order falls under your jurisdiction. We are willing to grant this relief to one lakh individuals,” remarked the bench.

Background:
Mukhtar Ansari, a notorious gangster-turned-politician
, passed away from a cardiac arrest at a hospital in Banda, Uttar Pradesh, on March 28. He had been behind bars in Uttar Pradesh and Punjab since 2005, facing more than 60 criminal cases. The top court had previously allowed Abbas Ansari to participate in the 40th-day ritual of his father’s demise through online mode. Mukhtar Ansari was laid to rest in Ghazipur on March 30.

The FIR disclosed that despite Ansari’s Lucknow gun license expiring in October 2015, he obtained a new one in New Delhi by June 2017, purchasing seven firearms afterward. In November 2023, the Allahabad High Court denied bail due to the discovery of weapons and ammunition, including “metal jacketed” bullets, at Ansari’s New Delhi residence, raising concerns about his involvement in illegal activities, given his history of eight cases.

Despite these allegations, Ansari’s legal team moved to the Supreme Court, challenging the High Court’s decision. During the proceedings, Ansari’s counsel argued that he has been unjustly implicated and highlighted his prolonged detention since November 2022. They contended that the case required no oral evidence and that the chargesheet had already been filed.

Te counsel representing the Uttar Pradesh government presented a different narrative, accusing Ansari of issuing threats to kill police and jail officials. This accusation prompted Justice Gavai to express concerns about the conduct of the Uttar Pradesh Police, referencing a separate incident to illustrate potential misconduct within the force.

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Minakshi Bindhani

LL.M( Criminal Law)| BA.LL.B (Hons)

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