'Hisab Kitab' Remark Case: Allahabad High Court Stays Arrest Of Mukhtar Ansari's Son & Mau MLA Abbas Ansari

The Allahabad High Court has stayed the arrest of Mau Sadar MLA Abbas Ansari, the son of jailed politician Mukhtar Ansari in connection with the Hisab-Kitab Remark case registered against him for his alleged statement threatening the government officials with payback at a public rally in Mau district earlier this month.

It may be noted that at a public rally during the election campaigning, 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.

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.

Submissions put forth

The Counsel for Ansari argued 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 at 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.

Court's order

In view of this, looking at the material on record and the submissions of the counsel for the petitioner, the bench of Justice Sunita Agarwal and Justice Vikas Kunvar Srivastav found it to be a fit case to be entertained at the instant stage. Therefore, the Court sought a counter-affidavit from the State of UP and the Election Commission of India within a period of three weeks.

"Till the next date of listing, the petitioners shall not be arrested. They shall, however, be under obligation to cooperate in the investigation. In case of any act of the petitioners of noncooperation in the ongoing investigation, it would be open for the respondents to approach this Court for the vacation of this interim order," the Court further ordered.

Case title - Abbas Ansari And Another v. State Of U.P. And 4 Others

Click Here To Read/Download Order