After Disqualification As MLA, Abbas Ansari Urges Supreme Court To Relax Bail Conditions In Gangsters Act Case

In his plea plea seeking bail in an Uttar Pradesh Gangsters Act case, former Uttar Pradesh MLA Abbas Ansari prayed before Supreme Court yesterday that his interim bail conditions be modified so that he does not have to seek prior permission of the trial court before travelling within India.The matter was before a bench of Justices Surya Kant and Joymalya Bagchi, which was told by Senior Advocate Kapil Sibal (for Ansari) that Ansari has incurred disqualification to hold the post of MLA following his recent conviction and sentencing for 2 years' imprisonment in a 2022 hate speech case.For context, under Section 8(3) of the Representation of the People Act, if an MLA is convicted and sentenced to imprisonment for 2 years or more, he is immediately disqualified from the Assembly.Sibal submitted that Ansari has lost the house in Lucknow he was staying at, while his other houses in Lucknow have been demolished by the state government. He highlighted that as per the Court's orders, Ansari cannot go to Ghazipur (now that he is not an MLA); that Ansari's father-in-law suffered a brain hemorrhage but he cannot go to Jaipur and that Ansari's younger brother was recently arrested "at 4 AM". As such, there is no one to look after the family, which includes his 2-year old son.While praying for relaxation of the bail conditions, Sibal also mentioned that Ansari has duly appeared on all dates before the trial court, but the state government is raising a grievance regarding his taking exemptions. "I have done nothing wrong", he stressed.In response, Justice Kant observed that the Court did not imposed a travel ban on Ansari. Rather, he is only required to take prior permission of the trial court in case he wishes to travel."But why should I? What have I done that I should go through all this? There's nothing against me. I have lost everything. I can't even look after my family! Why should I have to go to trial court every time I want to move in India?" Sibal exclaimed in reply. Saying that the above averments should have been brought on record, the bench re-listed the matter next week, asking Ansari to file a short affidavit.To recap, the Court granted interim bail to Ansari in March this year, while imposing stringent conditions. It directed that he shall stay at his official residence in Lucknow. Only travel to the MLA's constituency, ie Mau, was permitted subject to prior intimation to the Trial Court and district police. In May, the Court modified Ansari's interim bail conditions and allowed him to stay at his Ghazipur residence for 3 nights whenever he travels from his official residence in Lucknow to his constituency (ie Mau).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 and Anti-Social Activities (Prevention) Act, 1986. 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.Initially, 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, but the same was dismissed on December 18, 2024.The High Court dismissed Ansari's bail plea, 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.On March 7, the top Court granted Ansari interim bail in this case, while imposing stringent conditions. He was directed to stay at his official residence in Lucknow and his travel to his constituency Mau was made subject to prior intimation to the Trial Court and district police. The Court further directed that Ansari shall not make any public statement in respect of sub-judice cases.Case Title: ABBAS ANSARI v. STATE OF UTTAR PRADESH, SLP(Crl) No. 1091/2025Click Here To Read/Download Order

After Disqualification As MLA, Abbas Ansari Urges Supreme Court To Relax Bail Conditions In Gangsters Act Case

Debby Jain

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