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Synopsis

The Supreme Court on Friday issued notice in a plea moved by Uttar Pradesh MLA Abbas Ansari, seeking bail in a case registered against him under the Uttar Pradesh Gangster and Anti-Social (Prevention) Act, 1986.

The instant case pertains to a First Information Report (FIR) under Sections 2 and 3 of the UP Gangsters Act, 1986, filed against Ansari and several other persons, alleging that they used to extort money and assault people.

In light of this, a bench of Justices Surya Kant and N. Kotishwar granted time to Additional Solicitor General (ASG) KM Nataraj, appearing for the State of Uttar Pradesh, to file a counter.

At the outset, Senior Advocate Kapil Sibal submitted that "His wife went to meet him in jail, and your lordship had granted him bail in that case. Now, he is in Kasganj, and they claim that he is running a gang in Chitrakoot. This is shocking....the FIR has already been quashed."

On Justice Kant's asking about allegations in the present FIR, Sibal responded that they were the same as those in the previous FIR, which had been quashed. "If someone simply moves around, they claim he is running a gang," he added.

However, ASG KM Nataraj submitted that he would take instructions and file a counter. He said, "The previous petition was not entertained, and he was asked to approach the High Court. The Allahabad High Court rejected his bail plea, and now he has come before this Court. This is a fresh matter, and I will need to file a counter."

At the end of the proceedings, Sibal, while requesting the court, said: 'The request is that he has been attending the trial through video conferencing, but now they are telling him there will be no video conferencing, and that they will take him. This happens, milords...when people are taken, things happen....”

The bench accordingly said that the petitioner is at liberty to move the High Court in this regard and that if any such petition is filed, the High Court shall take it up urgently.

Notably, on 18th October, the Apex court dismissed Ansari's plea for bail in a case registered under the UP Gangsters Act. However, the Court had granted him liberty to approach the High Court for bail, urging the High Court to decide the plea within 4 weeks of its filing.

On 19th December, the Allahabad High Court rejected Ansari's bail plea in a Gangsters Act case, noting that the investigation into the matter was ongoing and that the applicant was currently in jail in the present case.

Background

On 18th October, the Apex Court granted bail to Abbas Ansari in two separate cases—one related to money laundering and the other concerning his illegal meeting with his wife in jail. However, Ansari has yet to secure bail in a criminal case registered under the Gangsters' Act.

Previously, a of the bench of Justices Surya Kant, Dipankar Datta and Ujjal Bhuyan had sought the UP government's response while issuing notice in Ansari's plea seeking bail in the case concerning illegal meetings with his wife.

An FIR was registered on February 11, 2023, that Ansari's wife had been visiting him in Chitrakoot jail flouting all prison restrictions. She used to spend 3 to 4 hours inside the jail and allegedly, Ansari used to make calls from her phones to threaten various persons to extort money.

It was also alleged that Ansari was provided all sorts of benefits during his incarceration for which the officials of the jail were paid both in cash and kind. Moreover, it was claimed that the driver of Ansari's wife namely Niyaz along with the officials of the jail was planning to stage an escape of Ansari from the prison.

Upon surprise inspection by the District Magistrate and the Superintendent of Police, Ansari's wife was found in the room right adjacent to the room of the Jail Superintendent.

Following the incident, Abbas Ansari was transferred from Chitrakoot prison to Kasganj district jail. Seven persons, including Nikhat Ansari, were arrested in connection with the case. Nikhat was granted bail by the Supreme Court on August 11, 2023.

Case Title: Abbas Ansari vs. State Of UP