The Allahabad High Court on Wednesday refused to quash the chargesheet and order of cognizance and summoning against MLA Abbas Ansari in connection with the case registered over his objectionable statements during the State Assembly elections. 

The bench of Justice Dinesh Kumar Singh held that considering the context and the intention with which the offending words were spoken in the public meeting, at the present stage it could not be said that the offence under Section 153-A IPC was not attracted against the accused persons.

Ansari, along with the co-accused, had moved the high court seeking direction to quash the chargesheet in the case over the statements that he made on March 3, 2022.

Allegedly, as a candidate of the Suheldev Bhartiya Samaj Party (SBSP)-Samajwadi Party alliance, during a public rally, Ansari had said that he had asked the SP chief Akhilesh Yadav not to transfer the government official for the first six months after the coalition comes into power in the State, as he would do their ‘Hisab Kitab' (had a score to settle).

A case was registered under Sections 171F (Punishment for undue influence or personation at an election) and 506 (Punishment for criminal intimidation) of the Indian Penal Code against Ansari and others. Later on, Section 153A IPC was added against Ansari in the FIR. 

The main contention of Ansari's counsel was that Ansari's said statement by no stretch of imagination would constitute an offence under Section 153-A IPC.

"To constitute an offence under Section 153-A IPC, there must be an intention of the person making the statement to create disorder or to incite people to violence", the counsel asserted while stating that even if it was believed that Ansari had made the said statement, the same was directed towards the Government people and not against any member, religion, racial, language or regional groups or castes or communities.

On the other hand, the Additional Advocate General submitted that after Ansari's said statement, even the Election Commission of India had barred him from holding any public meetings for 24 hours.

He further argued that Ansari's statement was not only directed against the Government machinery but it was also directed against the law-abiding and peace-loving citizens/communities, who were feeling protected under the then government in the State from the atrocities and crimes of Ansari and his family.

"Not only the Government officials but all those who were feeling safe and secure, felt tremors and fear in their spines by the open threat given by the petitioners," he stressed. 

Taking note of the submissions made, the court opined that "if the statement or the sign or representation has propensity to incite people to violence, the offence under Section 153-A IPC gets attracted". 

Moreover, the court added that "though the question of proving mens rea to incite people to violence or cause disorder is to be proved during trial by leading evidence by the prosecution, if prima facie, the act, sign or words has propensity to disturb the public order or incite the people to violence, the proceedings cannot be quashed at the threshold".

"The unity and integrity of the Nation cannot be overlooked and slighted...When such acts are done with the objective and intent to cause public disorder or to demean dignity of the targeted groups, they have to be dealt with as per law and such an act would attract the offence under Section 153-A IPC", the court pointed out.

Accordingly, finding no ground to interfere with the ongoing proceedings or the chargesheet, court dismissed the present plea.

"Interim order, if any, stands vacated. Trial court to proceed accordingly," court ordered.

Case Title: Abbas Ansari And Another v. State Of U.P.And 2 Others