Allahabad High Court stays Mau court order in Hisab-Kitab Remark case against Abbas Ansari

The Allahabad High Court has stayed the order passed by an MP/MLA Court in Mau taking cognizance of various charges under the Indian Penal Code against MLA Abbas Ansari in connection with the case registered over his objectionable statements during the State Assembly elections. 

The bench of Justice Samit Gopal issued the direction in view of the fact that despite having been granted about a month's time, the State government failed to file a counter affidavit in the plea filed by Ansari and one other and instead sought further time. "If this is so then the applicants surely need some protection," Court said. 

Ansari moved the high court seeking direction to quash the chargesheet in the case over his statements during the State Assembly elections 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 had been added against Ansari in the FIR. 

Before the High Court, when the counsel for the State Government sought further time to file reply in Ansari's plea, the counsel for Ansari argued vehemently opposing the same. 

He submitted that the matter has been lingering on since September 6, 2022 as initially the State was granted time to seek instructions after which he was granted time to file counter affidavit but there is no counter affidavit filed and in the meantime, the Investigating Officer has applied for issuance of non-bailable warrant against Ansari and the other co-accused (the applicants). 

Therefore, he urged before the court that the interest of the applicants be protected as the applicants are pursuing the remedy available to them at the present stage and the State has not filed any counter affidavit even after about a month of the order directing to file the same.

Taking the submission made by Ansari's counsel into account, the court ordered,

"Till the next date of listing, the order dated 23.05.2022 passed by the Special Judge (M.P./M.L.A.) Court / Additional Chief Judicial Magistrate (Senior Division), Mau, shall remain stayed"

Court posted the matter on November 22, 2022 for further hearing while stating "This order has been passed only because of the inaction of the State of not filing any counter affidavit". 

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