Allahabad High Court Sets Aside Ghazipur Court's Order Granting 'Superior Class' In Prison To Mukhtar Ansari

The Allahabad High Court has set aside the March 2022 order of a Trial Court in UP's Ghazipur directing the SSP of Banda District Jail to grant 'Superior Class' in prison to 'known gangster' and former UP MLA Mukhtar Ansari.

Calling Ansari a dreaded criminal and a bahubali, the bench of Justice Dinesh Kumar Singh found the order of the First Additional Sessions Judge/Special Judge, MP/MLA, Ghazipur as not only without jurisdiction but also unsustainable on merits. Consequently, the order of the Ghazipur was set aside.

Essentially, the Court was bench was hearing a plea moved by the state of Uttar Pradesh under Section 482 CrPC against the Ghazipur Court order on the ground that the same was passed without jurisdiction inasmuch as the Paragraph 257 of the Uttar Pradesh Jail Manual, 2022 gives only recommendatory power for grant of superior class to a prisoner to the Court and the final authority to grant or refuse the superior class is vested in the State Government.

In its order, the Court persued Paragraph 257 of the UP Jail Manual 2022, which regulates grant of superior class to a prisoner, to note that in respect of a criminal prisoner, who is an accused before the court whether in trial, enquiry, appeal or revision, the High Court may recommend to the State Government and the Court of Sessions to the District Magistrate for admission of such prisoner to a superior class. 

The Court further noted that the conditions for admission of prisoner as stated above are prescribed in Paragraph 258, which specifically says that the superior class shall not be recommended ordinarily to a prisoner, who is accused of serious offences mentioned in Chapter V-A, VI, VII and VIII. Section 161 ; Chapters XII, XV, XVI, XVII and XVIII of the Indian Penal Code besides under other enactments which are mentioned in the said Section.

Before the Court, the State also argued that the impugned order is without jurisdiction and also on merit, as the accused is not entitled for superior class looking at his long criminal history and he being an accused for offences under Chapter-XVI, he is not entitled for grant of superior class inasmuch Paragraph 258 bars granting of superior class to such a criminal.

On the other hand, the Counel for Ansari could not dispute the legal position that the learned trial court has only recommendatory power, and the power ultimately vests with the State Government to grant or refuse the superior status for reasons to be recorded on consideration of relevant factors as mentioned in Paragraph 258 of the Jail Manual.

It was also not denied by him that Ansari is facing the trial for offences under ChapterXVI and if such a person is accused of offences under ChapterXVI, ordinarily he should not be recommended for superior class

Consequently, taking into account the criminal history of Ansari, the Court set aside the ghazipur court's order and allowed the State's plea.

In related news, the Allahabad High Court earlier this month denied bail to the former UP MLA Mukhtar Ansari in connection with a case under UP Gangster Act registered in 2020 while considering the allegations and his rich criminal horoscope.

Case title - State of U.P. vs. Mukhtar Ansari S/O Subhan Ullah Ansari [APPLICATION U/S 482 No. - 903 of 2023]

Case Citation: 2023 LiveLaw (AB) 25

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