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Allahabad High Court Admits Disqualified MP Afzal Ansari's Appeal Against Conviction Under Gangster Act
Sparsh Upadhyay
27 May 2023 3:41 PM IST
The Allahabad High Court on Thursday admitted the appeal filed by Disqualified MP Afzal Ansari challenging his conviction in the Gangster Act case wherein he has been sentenced to 4 years in prison by the Ghazipur MP/MLA Court. The HC has also summoned the lower court's record related to the case.The bench of Justice Rajeev Misra also sought the reply of the State Government as well as...
The Allahabad High Court on Thursday admitted the appeal filed by Disqualified MP Afzal Ansari challenging his conviction in the Gangster Act case wherein he has been sentenced to 4 years in prison by the Ghazipur MP/MLA Court. The HC has also summoned the lower court's record related to the case.
The bench of Justice Rajeev Misra also sought the reply of the State Government as well as the complainant within 3 weeks on Ansari's separate application praying for a stay on his conviction during the pendency of his appeal. The matter will now appear on July 4.
The background of the case
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. This is the reason why Ansari has moved a separate application seeking a stay on his conviction.
Appeal before the HC
In his appeal before the High Court, Ansari has stated that while convicting him, the Trial Court could not appreciate 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 evidentiary 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 appeared for Ansari. Advocate Sudist Kumar appear for the complainant.
