Supreme Court Permits Jailed UP MLA Abbas Ansari To Attend Father-Mukhtar Ansari's Fatiha Ceremony

The Supreme Court on Tuesday (April 9) permitted Uttar Pradesh MLA Abbas Ansari to attend a 'Fatiha' ceremony scheduled for April 10 in respect of his father Mukhtar Ansari, a gangster-turned politician who died on March 28 following a cardiac arrest while undergoing sentence of life imprisonment.

The Bench of Justices Surya Kant and KV Viswanathan ordered that Abbas be taken to his hometown to attend the ritual today itself (by no later than 5 PM) and brought back to Kasganj jail on April 13.

It may be recalled that Abbas Ansari is currently in jail over an arms license case. In November last year, he was denied bail by the Allahabad High Court, noting that huge quantities of arms and ammunition were recovered from his premises in New Delhi. The High Court further cited the risk of Ansari influencing witnesses and tampering with evidence.

Though the present petition was initially filed for Ansari to be able to attend his father's funeral rites, it could not be listed in time. As such, on the last date, Ansari was permitted to amend the petition and supply a copy thereof to respondent-State.

During the hearing today, Sr Adv Kapil Sibal urged on behalf of Abbas that the funeral rites were already over, which he could not attend as the matter was not listed in time. It was prayed that Abbas may be allowed to be with his family members for the Fatiha ceremony (and for some time after that), which is scheduled for tomorrow.

AAG Garima Prasad, appearing for State of Uttar Pradesh, vehemently opposed the prayer made on Abbas' behalf, saying that he was a history-sheeter whose conduct inside Chitrakoot jail led to his transfer to Kasganj jail. The AAG further claimed that there was no ceremony scheduled for tomorrow and that the application seeking permission to attend 'Fatiha' had not been served on the State.

Taking objection, Sibal said, "Don't say that, you have been served. We can show proof of service". The AAG however maintained that the amended writ petition, which was served in terms of the last order, did not contain any averment regarding 'Fatiha'. She suggested that a happier festival was around the corner, and Abbas was perhaps trying to get a relief from the Court for that.

After hearing the parties' submissions, the Bench noted that the fact of Abbas' father having passed away on March 28 was not in dispute. Further, it was specifically claimed by Abbas that the Fatiha was scheduled for tomorrow. As such, there was no reason to disallow the plea.

In this backdrop, the following directions were passed:

(i) Abbas shall be taken from Kasganj jail to his hometown (Ghazipur) in police custody and with adequate security. Director General of Police, UP is to do needful in this regard

(ii) The police authorities, in coordination with jail authorities, shall ensure that Abbas starts his journey today at the earliest, not later than 5 PM

(iii) Abbas shall be allowed to participate in tomorrow's Fatiha ritual in police custody. After the rituals are over, he shall be temporarily shifted to local jail ie Central Jail, Ghazipur

(iv) Police authorities in Ghazipur shall verify if there are other rituals to take place from April 11. If so, Abbas shall be allowed to participate in such rituals while in police custody. Even if there are no rituals after April 10, Abbas shall be allowed to meet his family/visitors on April 11 and 12

(v) Police authorities shall frisk visitors and ensure no weapons (including authorized) are carried by anyone either to the place where 'Fatiha' is to take place, or at Abbas' parental house

On Prasad requesting that there be a clarification with respect to Abbas not interacting with media persons, Sibal assured that he would only meet family members. The Bench recorded Sibal's statement that Abbas would not interact with media persons and only visit his family members.

It was lastly clarified that the directions shall also be complied with by the Enforcement Directorate (as State of UP is only authorized to move Abbas in 3 FIRs).

Notably, before parting with the matter, the Bench shot down the AAG's request to record that the order shall not be taken as a comment on merits, saying: "Don't make a hype of these type of cases".

Case Title: Abbas Ansari v. The State of Uttar Pradesh, Diary No. 14377/2024

Click Here To Read/Download Order