Disqualified MP Afzal Ansari Moves Allahabad HC Against Conviction In Gangster Act Case, Also Seeks A Stay On Conviction

Disqualified MP Afzal Ansari has moved the Allahabad High Court challenging his conviction in the Gangster Act case wherein he has been sentenced to 4 years in prison by the Ghazipur MP/MLA Court. In a separate plea, he has also prayed for a stay on conviction during the pendency of the appeal.

It may be noted that the case under the Gangster Act against Ansari and his brother and former UP MLA Mukhtar Ansari was registered after they were booked for their involvement in the kidnapping of Vishwa Hindu Parishad office-bearer Nandkishore Rungta in the year 1996 and also in the murder of Bharatiya Janata Party MLA Krishnanand Rai in the year 2005.

Significantly, two days after his conviction, Afzal Ansari was disqualified as a Member of Lok Sabha from the date of his conviction in the case by virtue of provisions contained in article 102 (1) (e) r/w section 8 (3)of the Representation of People Act 1951.

However, this disqualification can be reversed in case the High Court grants a stay on his conviction or it goes on to decide the appeal moved against the conviction in favour of Ansari.

In his appeal before the High Court, it has been stated that the Trial Court could not appreciated the evidence available on record correctly and it also ignored the version of the defence appellant.

It has also been stated in the appeal that the Trial Court referred to the statements of the witnesses recorded during examination-in-chief and without analyzing the evidentry value of the same, came to the conclusion that the appellant (Ansari) was guilty under section 3 (1) of The Uttar Pradesh Gangsters & Anti Social Activities (Prevention) Act, 1986.

"Trial Judge has also not considered the fact that from the evidences available on record, no offence under section 3(1) of The Uttar Pradesh Gangsters & Anti Social Activities (Prevention) Act, made out against the appellant and the Investigating Officer has clearly admitted during cross-examination that no one in the locality has made any complaint against him either before or after the investigation"

The appeal also states that the Trial Court took into account the observations made in another trial against the appellant wherein he was acquitted to convict him in the instant case, which is impermissible under Law.

Several other submissions have also been made in the appeal while challenging the trial court's finding in the case. A notice has been given to the UP government regarding the filing of the appeal.

Senior Advocate GS Chaturvedi along with Advocates Upendra Upadhyay and Ajay Srivastava to appear for the Ansari.