Allahabad High Court Sentences Mukhtar Ansari To 5-Year Jail Under Gangsters Act In A 23-Year-Old Case

The Allahabad High Court last week sentenced former UP MLA Mukhtar Ansari to 5 years in jail in connection with a 23-year-old case under the Uttar Pradesh Gangsters and Anti-Social Activities (Prevention) Act, 1986.

With this, the bench of Justice Dinesh Kumar Singh set aside a 2020 order passed by the MP-MLA court acquitting Ansari of charges under the Gangsters Act in a case that was registered against him in the year 1999. 

The High Court observed that the trial Court had grossly erred in acquitting Ansari as the HC opined that he is a gangster and he allegedly committed several offences and, therefore, he is found guilty of committing offence under Section 2/3 Gangsters Act and was sentenced to five years rigorous imprisonment with fine of Rs.50,000/-.

The case in brief

An FIR was registered in the year 1999 under Section 2/3 Gangsters Act, alleging therein that Ansari and other co-accused, named in the FIR, constitute a gang, which commits heinous offences, including murder, extortion, kidnapping, and abduction, etc

It was further said that the gang members are dreaded criminals, who commit crimes in an organized manner to accumulate wealth for themselves and members of the gang; they strike terror in the hearts and minds of the people and no one dares to lodge FIR even against members of the gang; general public feels in-secured and lives in fear in Lucknow and adjoining areas.

The trial Court took into consideration that in all the cases, mentioned in the gang chart, either the accused-respondent was acquitted or a charge sheet was not filed or by the orders of the High Court, the cases were quashed.

It was further noted by the Court that the gang chart was prepared earlier than the FIR was registered and that during the course of the investigation, no detail of property or wealth, which was allegedly accumulated by committing crime, was given and thus, the trial court acquitted Ansari for the offence under Section 2/3 Gangsters Act as the prosecution could not prove the offence against the accused-respondent beyond a reasonable doubt.

Challenging the acquittal order, the Government moved the instant appeal before the High Court.

It was primarily argued by the state counsel that the basic ingredients to prosecute an individual under the Gangsters Act for the commission of an offence as a gangster is him being a member of the gang and thus, even if no FIR is registered against a person, still he can be prosecuted for the offence under the Gangsters Act. 

It was further contended that even if Ansari was acquitted in substantive offences, which are mentioned in the gang chart, because the witnesses turned hostile out of his fear, manipulation, threats and making the witnesses tired by employing other tactics, that would not absolve Ansari from the offence under Section 2/3 Gangsters Act

High Court's observations 

At the outset, the High Court noted that 'The Gangsters Act has been enacted as a Special Act for prevention and for coping with gangsters and antisocial activities and its purpose is to prevent organized crimes in the State by enacting special provisions and the act is deterrent in nature.

The Court further noted that the offence under the Gangsters Act is an independent offence than a substantive offence and if it is proved that a person belongs to a group of persons and commits offence individually or with a group of persons, which are defined under Section 2(b) of the Gangsters Act, then such a person would be a gangster and he could be punished.

Against this backdrop, the moot question that arose for Court's consideration was - if Ansari has been acquitted for offences, which were mentioned in the gang chart, (substantive offences), can he still be convicted for offence under Section 2/3 Gangsters Act?

To answer this, the Court stressed that since the offence under Section 2/3 Gangsters Act is a distinct and separate offence from the substantive offence, therefore, if the prosecution proves that the person belongs to a gang and indulges himself in committing offence with the object of disturbing public order or of gaining any undue temporal and pecuniary material or other advantages for himself or any other person, he may be punished under the Gangsters Act.

Consequently, considering the law laid down by the Supreme Court and the High Court and noting that Ansari was a member of the gang and for his criminal activities several FIRs and charge sheets came to be registered and submitted against him for offences, which are defined under Section 2/3 Gangsters Act, the Court.whi;le holding him guilty, remarked thus:

"The acquittal of the accused respondent for turning the witness hostile or otherwise is not a material aspect. The trial Court has grossly erred in acquitting the accused-respondent vide impugned judgment and order. The gangchart was proved in the Court as documentary evidence. In view of the foregoing discussion, this Court is of the view that the accused- [ 21 ] respondent is a gangster and he allegedly committed several offences and, therefore, he is found guilty for offence under Section 2/3 Gangsters Act."

Therefore, the impugned order was set-aside and Ansari was sentenced to five years of rigorous imprisonment with a fine of Rs.50,000/-.

In related news, the Allahabad High Court last week sentenced Ansari to 7 years in jail after holding him guilty of intimidating a Jailer who was performing public duty by abusing him and pointing a revolver/pistol toward him, and threatening to kill him in the year 2003

Case title - State of U.P. v. Mukhtar Ansari [GOVERNMENT APPEAL No. - 779 of 2021]

Case Citation: 2022 LiveLaw (AB) 446

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