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'Hisab Kitab' Remark Case: UP Govt's 'Inaction' Prompts Allahabad High Court To Grant Interim Relief To MLA Abbas Ansari
Sparsh Upadhyay
14 Oct 2022 9:20 PM IST
The Allahabad High Court today granted relief to Mau Sadar MLA Abbas Ansari, the son of jailed politician Mukhtar Ansari in connection with the Hisab-Kitab Remark case. The Court has stayed an order of the Mau Court taking cognizance of various charges under the IPC against him as the UP Government failed to file a counter affidavit in the case.For context, the bench of Justice Samit Gopal...
The Allahabad High Court today granted relief to Mau Sadar MLA Abbas Ansari, the son of jailed politician Mukhtar Ansari in connection with the Hisab-Kitab Remark case. The Court has stayed an order of the Mau Court taking cognizance of various charges under the IPC against him as the UP Government failed to file a counter affidavit in the case.
For context, the bench of Justice Samit Gopal is presently hearing a charge sheet quashing plea filed by Ansari in connection with the Hisab-Kitab Remark case, wherein he allegedly made a statement threatening the government officials with payback at a public rally in Mau district in March 2022, if the SP-SBSP alliance forms government in the state.
It may be noted that last month, the UP Government was directed to spell out details related to the criminal history of Mau Sadar MLA Abbas Ansari, however, on October 14, when the state sought another 10 days' time to file an affidavit, the Court, being dismayed at state government's inaction, remarked thus:
"It is about a month since time has been granted to the learned counsel for the State to file counter affidavit but no counter affidavit has been filed and further prayer for time is being prayed for the same. If this is so then the applicants surely need some protection."
Consequently, the Court directed to stay the order of the Special Judge (M.P./M.L.A.) Court / Additional Chief Judicial Magistrate (Senior Division), Mau and posted the matter for furthe hearing on November 11, 2022. The Court further clarified that it was passing this order has been passed only because of the inaction of the State of not filing any counter affidavit.
The background of the case
Abbas Ansari, who contested and won the UP Assembly polls as a candidate of the Suheldev Bhartiya Samaj Party (SBSP)-Samajwadi Party alliance, had allegedly said in a public rally that after forming the government in the State, no government officials would be transferred for the first 6 months as he had a score to settle with them.
In connection with his alleged remark against the government officials, a first information report had been lodged against him under Sections 171F [Punishment for undue influence or personation at an election] and 506 [Punishment for criminal intimidation] of the Indian Penal Code, 1860.
Seeking to quash the charge sheet, Ansari has moved to the High Court.
The Counsel for Ansari has argued before the Court that the offence under Section 171F is non-cognizable and Section 506 was added as a consequence of Section 171F. It was further contended that since the local police wanted to arrest the petitioners, therefore, more grave offences such as Section 153A IPC had been added against Ansari.
It was further argued by the counsel for the petitioners that at no point in time, the Election Commission of India had issued any direction or recommendation for lodging a criminal case against the petitioners for the statement made by him on a public platform.
Advocate Upendra Upadhyay appeared for Ansari.
Case title - Abbas Ansari And Another v. State Of U.P.And 2 Others [APPLICATION U/s 482 No. 25838 of 2022]
