SC to Abbas Ansari: Schedule Non-Religious Ceremony for His Late Father After June 4

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Today(on 8th May),The Supreme Court has adjourned the plea of Uttar Pradesh MLA Abbas Ansari, currently in jail, seeking permission to attend a private non-religious ceremony for his late father.

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SC to Abbas Ansari: Schedule Non-Religious Ceremony for Late Father After June 4

NEW DELHI: Today(on 8th May), The Supreme Court has adjourn the plea filed by Uttar Pradesh MLA Abbas Ansari, who is currently incarcerated, seeking permission to attend a private non-religious ceremony honoring his late father.

The hearing has been rescheduled for May 15.

Ansari had previously informed the court of his decision not to avail himself of the previous order allowing him to participate virtually in a religious event. His father, Mukhtar Ansari, passed away on March 28 due to a heart attack at a hospital in Banda, Uttar Pradesh. Abbas Ansari remains in judicial custody related to a criminal case.

During the hearing, the bench, consisting of Justice Surya Kant and Justice KV Viswanathan, acknowledged the ongoing General Elections and the hectic schedule of the police authorities. Taking these factors into account, the bench requested Ansari to submit a fresh application seeking permission to attend the ceremony after June 4.

Advocate Lazafeer Ahmad, representing Ansari, briefed the court about the modest gathering planned for May 15, exclusively comprising immediate family, relatives, and intimate friends. Ahmad emphasized that this date was deliberately selected to avoid overlapping with the polling dates of May 13 and May 20.

In response to Justice Kant’s inquiry about the ceremony’s adherence to any specific ritual, Ahmad clarified that it was not a prescribed ritual but rather an organized event on a convenient date due to Ansari’s previous absence from rituals. Justice Kant recommended scheduling the intimate ceremony after June 4, post the General Elections, considering the police authorities’ heavy involvement during the elections for added convenience and safety.

“Your safety is also a priority,”

-Justice Kant emphasized.

Responding to a query by the bench regarding Ansari’s participation in the ceremony via video-conference the previous day, the counsel stated-

“Physical presence at the grave is necessary, making online participation irrelevant. We chose not to utilize that option, ensuring no disruption to the State.”

The counsel representing the State of Uttar Pradesh clarified that the state had facilitated Ansari’s online participation in the ceremony the previous day but received a call from Ansari’s side expressing their decision not to participate.

Acknowledging the state’s efforts, Justice Kant stated-

“Understood, you’ve fulfilled your responsibilities.”

The State’s representative expressed reservations regarding the ceremony’s lack of adherence to specific rituals and emphasized Ansari’s plea for a three-day home stay. He contended that managing police custody during Ansari’s absence from jail would present logistical difficulties. In response, the bench suggested that granting interim bail might become necessary if Ansari remained at home. Consequently, the court recommended that Ansari’s legal counsel file a new application with an amended date for the ceremony and scheduled the next hearing for May 15.

On May 7, the bench had issued an interim order stating-

“As an interim measure, the petitioner is directed to be allowed to participate in the 40th day ritual of his late father via online means, with the State Government/Jail Authorities instructed to promptly facilitate the required arrangements.”

Last month, Ansari had appealed to the Supreme Court for permission to participate in his father’s ‘fatiha.’ The court granted his request with strict conditions. However, on May 1, Ansari’s bail plea in another case was dismissed by the Allahabad High Court, citing ongoing examination of key witnesses and involved policemen.

Mukhtar Ansari, a five-time MLA from Mau Sadar, was laid to rest in Ghazipur on March 30 amid tight security and a large crowd attending the funeral procession. With more than 60 criminal cases against him, the 63-year-old had been in custody in Uttar Pradesh and Punjab since 2005. He passed away at Rani Durgawati Medical College on March 28, 2024, after being transferred from Banda jail due to deteriorating health conditions.

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Joyeeta Roy

LL.M. | B.B.A., LL.B. | LEGAL EDITOR at LAW CHAKRA

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