"He Is A Dreaded Criminal, A Canker In Society" Allahabad HC Denies Bail To Ex-MLA Mukhtar Ansari In Funds Misappropriation Case

While denying bail to former MLA Mukhtar Ansari (presently in jail) in connection with a case over misappropriation of MLA Funds fund in the year 2012-13, the Allahabad High Court on Monday called him a dreaded and 'White Collored' criminal, an interstate mafia and canker in society

The Bench of Justice Rahul Chaturvedi also observed that Ansari is a hardened and habitual offender, who is in the sphere of crime since 1986 but surprisingly, he has managed not a single conviction against him

"It is indeed astounding and more amusing angle of the issue, that a person having more than 50+ criminal cases to his credit of various varieties, has managed his affairs in such a way that he has not received a single conviction order against him. Infact it is slur and challenge to the judicial system that such a dreaded and 'White Collored' criminal in the field of crime undefeated and unabetted," the Court remarked.

The case against Ansari

Essentially, an FIR was lodged last year against Ansari mentioning therein that Ansari, as an M.L.A., in the years 2012, 2013 & 2014, allocated Rs. 25 Lacs from his M.L.A. fund to a school, however, when the inspection was done, it was found that the money had not been properly utilized by the said School.

Ansari has also moved a petition seeking to quash a charge sheet filed against him by the Uttar Pradesh police in connection with this Case. It has been alleged that during the investigation, it had been found that the money which was obtained by the other accused persons, was in fact not utilized for the construction of the school.

Court's observations 

The Court noted that in an official inquiry it had come out that the amount withdrawn from "Vidhayak Nidhi" was used for different purposes or expansion/renovation/extension of some other pre-existing school.

The Court observed that Ansari, in the capacity of sitting M.L.A., utilized the public property in the shape of "Vidhayak Nidhi" for his own worker/President of which he was the Founding Figure for expanding/extending the school in question and not for establishing the new school for which the amount was disbursed.

The Court opined that if a sitting MLA is releasing the sum from his "Vidhayak Nidhi" to his own party President, then the MLA concerned should be accountable for any misfeasance

"The way and manner in which Rs. 25.00 lacs were handed over to his own alleged District President- Anand Yadav, speaks volumes about the applicant, which need not be elaboration. Interestingly, the counsel for the applicant has pleaded innocence, that at a relevant point of time, the applicant was serving out his incarceration and thus he was not in position to physically verify the departmental work. This argument per-se is very innocent but unfortunately do not contain any leg to stand over it. Million dollor questions remain unanswered, that if a sitting MLA is releasing the sum from his "Vidhayak Nidhi" to his own party President, it is the MLA concerned should be accountable for any misfeasance."

Further, taking note of the criminal antecedents of Ansari, the Court observed that he has a rich criminal horoscope based on which, he can boast and claim himself to be a popular public figure, who was elected as MLA the six consecutive times.

Calling it the most unfortunate and ugly face of our democracy that on one hand, he was facing almost two dozen Sessions Trials and on the other hand the public was electing him as their representative for six consecutive times.

"It is really uphill task to adjudicate, as to whether he is really a popular public figure? Or his nuisance value, which are giving dividends to him?," the Court wondered.

"Thus, it is clear that there are total 54 cases to the credit of the applicant and he is born in 1964, thus at present he is aged about 58 years. One can easily fathom that a man of 58 years is having 54 cases to his credit speaks bundle of volume about his checkered past and criminal antecedent. He is a interstate Mafia having no. 191, all these things if taken cumulatively goes to show that he is a simply canker to the society," the Court further remarked.

Consequently, finding that Ansari is prima facie, a culprit of swindling the public money entrusted to him by way of "Vidhayak Nidhi" and has distributed to his own near and dear ones in the name of alleged construction of a new educational institution, the Court denied him bail.

Against this backdrop, the Court also observed that "Vidhayak Nidhi" is a hard earned money of a taxpayer and that nobody is authorized for having moral or legal guts to misutilize the amount for his own use or for any other clandestine purpose.

Lastly, the Court requested the Govt. of Uttar Pradesh to constitute a committee under the leadership of the Speaker of Assembly with three senior bureaucrats to audit the " Vidhayak Nidhi" of individual MLA and its utilization.

Case title - Mokhtar Ansari v. State of U.P [CRIMINAL MISC. BAIL APPLICATION No. - 46494 of 2021]

Citation: 2022 LiveLaw (AB) 292

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