Supreme Court Issues Notice On UP MLA Abbas Ansari's Bail Plea In UP Gangsters Act Case, Leaves It Upon HC To Decide Virtual Hearing Issue

The Supreme Court today issued notice on a plea filed by Uttar Pradesh MLA Abbas Ansari seeking bail in a criminal case registered against him under the UP Gangsters and Anti-Social Activities (Prevention) Act, 1986.A bench of Justices Surya Kant and N Kotiswar Singh passed the order, upon hearing Senior Advocate Kapil Sibal (for Ansari), who argued that an FIR based on same allegations was earlier quashed and the allegations pertain to running of a gang at Chitrakoot, which is 450 kms away from Kasganj - where Ansari has been since last 1.5 yrs."This is shocking...the FIR already stands quashed once. This is the second FIR. If you read, it's ex facie all fraudulent. Same allegations in the previous one which was quashed. Somebody roams around and they say he is running a gang! On 28 March, your Lordships gave notice and ld. ASG sought time on 4 September...and then they lodged this", Sibal submitted.In response to Sibal's submissions, Additional Solicitor General KM Nataraj (for UP govt) sought time to file a counter-affidavit. Granting the request, the bench gave 2 weeks' time to the ASG.Notably, before the Court parted with the matter, Sibal submitted that until recently, Ansari was attending trial proceedings virtually. However, of late, the authorities have been conveying that they would come and take him physically. Raising an apprehension that any untoward incident may take place, in the backdrop of accused dying in police encounters during transfers, Sibal requested the Court to show some indulgence in this regard.Be that as it may, as no such averment or prayer was made in the petition, the bench did not pass any direction. It, however, clarified that Ansari would be at liberty to move the High Court for any prayer not made in the bail petition, which shall be taken up for preliminary hearing urgently.To recap, Ansari initially approached the Supreme Court seeking bail in this case under the UP Gangsters Act. The said plea was not entertained, noting that Ansari must first approach the High Court. Accordingly, the order granted Ansari liberty to approach the High Court, with a request to the High Court that it decide the bail plea within 4 weeks of filing.On December 18, 2024, the Allahabad High Court dismissed Ansari's bail plea in the UP Gangsters Act case, observing inter-alia that (i) he was shown to be the leader of a gang registered at the district level, (ii) he had 10 other cases registered against him (including one under PMLA), and (iii) the investigation being pending, there were chances of tampering. Aggrieved by this dismissal and seeking bail, Ansari then approached the Supreme Court.Case BackgroundOn 31.08.2024, an FIR was lodged against Ansari and others at PS Kotwali Karvi, District Chitrakoot under Section 2/3 of UP Gangsters Act. It was based on receipt of information that the accused had formed a gang for financial and other benefits, and they were putting persons in fear, assaulting them and extorting money.When Ansari moved the Supreme Court seeking bail, his plea was rejected, noting that he must first approach the High Court. Subsequently, the UP MLA filed a bail application before the High Court, which was rejected with the following observations:"the applicant has sought bail in a case lodged against him under the Gangsters Act in which he has been shown as a gang leader of a gang. There are four other members of the gang who are stated to be active members. The gang is a duly registered gang with the government within the district.""The applicant is a Member of Legislative Assembly (MLA). The applicant has criminal antecedents and there are in all 11 cases including the present case against him. The cases are of various natures including offence under PMLA. The nature of case is such in which even Officers of jail facilitated his wife and driver to spend time privately with him in their office which was against the law, rules. The status of the applicant-accused as an MLA does not at all call upon him to indulge in criminal activities and acts against law, rules and procedure.""The investigation in the present matter is pending in which evidence is yet to be collected, subsequent to which it shall conclude. There are good chances of the applicant tempering with the investigation. There are also good chances of the applicant of repetition of offence looking to the criminal antecedents as reported against him which show his involvement in various cases. The involvement in various cases possesses potential threat to the life and liberty of witnesses and public."The High Court relied on the decision in Sudha Singh v. State of U.P. where, while dealing with the challenge to High Court's grant of bail to a person accused under the Gangsters Act, the Supreme Court observed that in cases of such nature, it is necessary to consider the "impact that release of such persons on bail will have on the witnesses yet to be examined and the innocent members of the family of the victim who ...

Supreme Court Issues Notice On UP MLA Abbas Ansari's Bail Plea In UP Gangsters Act Case, Leaves It Upon HC To Decide Virtual Hearing Issue

Debby Jain

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