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'Hisab Kitab' Remark Case: Allahabad High Court Extends Interim Protection Against Arrest Of MLA Abbas Ansari Till May 12
Sparsh Upadhyay
27 April 2022 4:08 PM GMT
The Allahabad High Court today extended the interim protection of arrest granted in favor of Mau Sadar MLA Abbas Ansari, the son of jailed politician Mukhtar Ansari in connection with the Hisab-Kitab Remark case.This case was registered against him for his alleged statement threatening the government officials with payback at a public rally in Mau district last month. Ansari had said that he...
The Allahabad High Court today extended the interim protection of arrest granted in favor of Mau Sadar MLA Abbas Ansari, the son of jailed politician Mukhtar Ansari in connection with the Hisab-Kitab Remark case.
This case was registered against him for his alleged statement threatening the government officials with payback at a public rally in Mau district last month. Ansari had said that he had asked the Chief of Samajwadi Party (SP), Akhilesh Yadav not to transfer the government officials for the next six months if the SP alliance government is formed in Uttar Pradesh, as their 'Hisab Kitab' would be done first.
The protection was extended by the bench of Justice Sunita Agarwal and Justice Sadhna Rani (Thakur) while granting two weeks' time to Ansari to file a rejoinder affidavit in response to the counter affidavit filed by the UP Government.
The matter has now been listed for further hearing on May 12, 2022, and till the next date of listing, interim protection granted to him has been directed to continue in operation subject to the conditions mentioned therein.
Abbas Ansari, who contested and won the UP Assembly polls as a candidate of the Suheldev Bhartiya Samaj Party (SBSP)-Samajwadi Party alliance, had claimed that after forming the government in the State, no government officials would be transferred for the first 6 months as he had a score to settle with them.
In connection with his alleged remark against the government officials, a first information report had been lodged against him under Sections 171F [Punishment for undue influence or personation at an election] and 506 [Punishment for criminal intimidation] of the Indian Penal Code, 1860.
Seeking to quash this FIR, Ansari has moved to the High Court.
The Counsel for Ansari has argued before the Court that the offence under Section 171F is non-cognizable and Section 506 was added as a consequence of Section 171F. It was further contended that since the local police wanted to arrest the petitioners, therefore, more grave offences such as Section 153A IPC had been added against Ansari.
It was further argued by the counsel for the petitioners that at no point in time, the Election Commission of India had issued any direction or recommendation for lodging of the criminal case against the petitioners for the statement made by him on a public platform.
It was also argeud that Ansari is an elected MLA of Mau constituency and therefore, he was being targeted not to allow him to take the oath of office.
Case title - Abbas Ansari And Another v. State Of U.P. And 4 Others
