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Supreme Court Stays HC Order Which Set Aside Acquittal Of Mukhtar Ansari In Case For Threatening Jailer
Awstika Das
2 Jan 2023 11:17 AM GMT
The Supreme Court on Monday stayed an Allahabad High Court order sentencing former Bahujan Samaj Party legislator, Mukhtar Ansari to seven years’ imprisonment for threatening to kill a jailer by pointing a pistol at him in 2003. This comes as a major relief to the gangster-turned-politician elected as a Member of the Legislative Assembly from the Mau constituency in Uttar Pradesh...
The Supreme Court on Monday stayed an Allahabad High Court order sentencing former Bahujan Samaj Party legislator, Mukhtar Ansari to seven years’ imprisonment for threatening to kill a jailer by pointing a pistol at him in 2003. This comes as a major relief to the gangster-turned-politician elected as a Member of the Legislative Assembly from the Mau constituency in Uttar Pradesh four times, including twice on BSP ticket. On September 21, his acquittal was set aside by the High Court and he was found guilty under Sections 353 (assault or criminal force to deter public servant from discharge of duty), 504 (intentional insult with intent to provoke breach of the peace), and 506 (criminal intimidation) of the Indian Penal Code, 1860. Today, a Division Bench comprising Justices B.R. Gavai and Vikram Nath passed an order holding the High Court verdict in abeyance.
The High Court had quashed the acquittal order on the ground that the special judge presiding on the case had completely ignored the evidence of the jailer provided in examination-in-chief. The single judge said, “The approach of the trial court is palpably erroneous and against the well-settled legal position. The impugned judgment and order passed by the learned trial court is unsustainable.” Highlighting that the interference in an acquittal was warranted only in certain cases and based on specific parameters, Justice Gavai asked Garima Prashad, the Additional Advocate-General for the state of Uttar Pradesh, “Where is the finding of the learned Single Judge that the finding recorded by the trial court is totally perverse and impossible?”
Appearing for Ansari, Senior Advocate Kapil Sibal said, “Your Lordship, even the complainant does not support the case of the prosecution. I have never seen anything like this. Not a single witness supports the prosecution’s case and the trial court acquits the accused. Despite this, the High Court reverses the acquittal.”
This case dates back to 2003 when a first information report was lodged by Lucknow district prison jailer S.K. Awasthi against Ansari for allegedly threatening him with murder for ordering guests to be frisked. The complainant also accused the former legislator of pointing a pistol at him and verbally abusing him. The trial court acquitted Ansari in this case, but the government of Uttar Pradesh filed an appeal that was allowed by a Allahabad Bench of Justice Dinesh Kumar Singh. Ansari is currently lodged in Banda Jail in Uttar Pradesh.
Case Title
Mukhtar Ansari v. State of Uttar Pradesh [SLP (Crl) No. 12015/2022]
