Supreme Court Issues Notice On Appeal By Mukhtar Ansari Against Allahabad HC Order That Sentenced Him To 5 Years' Imprisonment For Being A 'Gangster'

The Supreme Court on Friday (13.10.2023) issued notice and sought the response of the state of Uttar Pradesh in an appeal by former Bahujan Samaj Party legislator, Mukhtar Ansari against the Allahabad High Court order that sentenced him to 5 years’ imprisonment for being a ‘gangster’ under the Uttar Pradesh Gangsters and Anti-Social Activities (Prevention) Act, 1986 Act. Ansari was elected as a Member of the Legislative Assembly from the Mau constituency in Uttar Pradesh four times, including twice on BSP ticket. 

A bench of Justice Aniruddha Bose and Justice Bela Trivedi today, issued notice in Ansari’s plea and sought the response of the state. The matter has been posted after 4 weeks for further consideration.

Ansari had been booked under Sections 2 and 3 of the Gangsters Act for several FIRs filed against him, including in the murder case of a Jail Superintendent. 

The Allahabad High Court had imposed rigorous imprisonment of 5 years and a fine of Rs. 50,000/- on Ansari in its order dated 23rd September 2022, while reversing the trial court’s order acquitting him.  “..this Court is of the view that the accused-respondent is a gangster and he allegedly committed several offences and, therefore, he is found guilty for offence under Section 2/3 Gangsters Act,” the High Court had said. 

Sr. Adv. Kapil Sibal appearing for Ansari submitted in the Apex Court that all the other accused in the matter had been acquitted and Ansari had been acquitted of other predicate offences as well. “It is very strange, everybody has been acquitted, only I have been convicted. I have also been acquitted of the predicate offence. Nobody was even convicted and I’m made a gangster? on what basis? There is zero evidence. My acquittal has been overturned,” Sibal said.

However, the Counsel appearing for the State of UP opposed to this and said “he is a hardened criminal, his name is Mukhtar Ansari, there are more than 50 cases against him..”

The trial court had acquitted Ansari on the ground that he was acquitted in all the offences, which were mentioned in the gang-chart. However, the Allahabad High Court was of the view he was a ‘gangster’ under Sections 2 and 3 of the Gangsters Act.

“It is not in dispute that several FIRs and charge-sheets for offences, which are provided under definition clause of Section 2(b) of the Gangsters Act, were registered against the accused-respondent and the charge-sheets were filed against him, including in the case of murder of Jail Superintendent of District Jail, Lucknow. Acquittal or conviction is immaterial for invoking the provisions of Gangsters Act against a person, who is otherwise a member of the gang and, allegedly commits offences, which are defined under Section 2(b) of the Gangsters Act. If the FIR is registered or the charge-sheet is filed and the person is member of gang, which is defined under Section 2(b) Gangsters Act, it fulfills the ingredients of Section 2 of the Gangsters Act and he can be punished under Section 3 of the Gangsters Act,” the High Court had observed.

In the January this year, the Supreme Court had stayed the order of the Allahabad High Court order sentencing him to seven years’ imprisonment for threatening to kill a jailer by pointing a pistol at him in 2003.

He is at present in jail serving sentences in cases for murder and kidnapping.

Case Title: Mukhtar Ansari v. State of Uttar Pradesh, Diary No. 198-2023