Supreme Court Dismisses Bail Plea Of UP MLA Abbas Ansari Under Gangsters Act, Asks To Approach High Court

The Supreme Court today dismissed Uttar Pradesh MLA Abbas Ansari's plea for bail in a case registered under the UP Gangsters Act. It however granted him liberty to approach the High Court for bail, with a request to the High Court that it decide the bail plea within 4 weeks of filing.

A bench of Justices Surya Kant and Ujjal Bhuyan passed the order after hearing Senior Advocate Kapil Sibal (for Ansari), who submitted that he had information about substances being administered to Ansari in the jail and conveyed an apprehension that Ansari might meet the same fate as his father-Mukhtar Ansari (who allegedly died due to poisoning while in judicial custody).

"Keeping in view the nature of relief and the fact that the petitioner has been subjected to incarceration in some other connected cases for a reasonable period, we request the High Court to decide the bail application on priority basis positively within a period of 4 weeks from the date of filing of the application. The Registrar General of the High Court is directed to place this order before the Chief Justice of the High Court so that the bail application moved by the petitioner can be listed before appropriate Bench to ensure compliance of the timeline as requested above. In the event of any delay due to unforeseen circumstances, liberty is granted to the petitioner to approach this Court", dictated Justice Kant.

The present case related to an FIR under Sections 2 and 3 of the Uttar Pradesh Gangster and Anti-Social (Prevention) Act, 1986 registered against Ansari on 31.08.2024.

During the hearing, Sibal apprised the Court that prior to the August FIR, on the strength of another case involving allegations of illegal meetings with his wife, Ansari was booked under the Gangsters Act in January, 2024 (alongwith others) as well. However, the said FIR was quashed by the Allahabad High Court in May.

He further contended that the August FIR was registered within a week of the Supreme Court issuing notice on Ansari's bail plea in the case over alleged illegal meetings with wife, and the only intention behind registration of the "fabricated" cases is to keep Ansari behind bars indefinitely.

Hearing Sibal, the bench expressed that Ansari should first approach the High Court which can decide the case on priority basis within 4 weeks. However, at this point, Sibal reluctantly conveyed that there is apprehension that Ansari may not survive in the jail, as he is being administered something. The senior counsel referred to the death of Ansari's father-Mukhtar Ansari, who dies under suspicious circumstances while in judicial custody.

Taking note, the bench ordered that the High Court "positively" decide Ansari's bail plea within 4 weeks of filing. If there is a delay due to unforeseen circumstances, he can approach the Supreme Court again.

Notably, the Supreme Court today granted bail to Ansari in the case involving allegations of illegal jail meetings with his wife, as well as in a money laundering case.

Appearance: Senior Advocate Kapil Sibal and Advocate Nizam Pasha (for Ansari); Additional Solicitor General KM Nataraj (for State of UP)

Case Title: ABBAS ANSARI Versus STATE OF UTTAR PRADESH, W.P.(Crl.) No. 380/2024

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