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Synopsis

The Allahabad High Court recently underscored the urgent need for reforms to ensure swift and impartial justice. Court was dealing with a plea filed by Meerut MLA Rafique Ansari to quash a 1995 criminal case registered against him. Court noted that despite non-bailable warrants and process under Section 82 CrPC continuously being issued against Ansari, he had not appeared before the trial court to date. 

The non execution of non-bailable warrant against the sitting MLA and allowing him to participate in the assembly session sets a perilous and egregious precedent, that undermines the integrity of the State machinery and judicial system while eroding public trust in elected representatives, said the court. 

It emphasised that by allowing individuals facing serious criminal charges to evade legal accountability, a risk arises of perpetuating a culture of impunity and disrespect for rule of law.

"The case underscores the urgent need for reforms to ensure swift and impartial justice, regardless of one’s political status. Failure to address such issue not only compromises the principles of democracy but also jeopardizes the fabric of the society, perpetuating a cycle of corruption and lawlessness," court held.

Court held Ansari's application sans merit and dismissed it. It directed the Registrar (Compliance) to send a copy of court's order to the Director General of Police, UP, Lucknow to ensure service of the non-bailable warrant already issued by the trial court against Ansari, if the same has not yet been served. 

Court sought a compliance affidavit to be filed on the next date i.e. July 22, 2024. 

Ansari moved the high court by filing an application under Section 482 CrPC to quash the proceeding of a criminal case of 2009 arising out of a case of 1995 registered at Police Station Nauchandi, District Meerut, under Sections 147, 436, 427 and pending in the court of Additional Chief Judicial Magistrate, MP/MLA, Meerut.

In the case, the chargesheet against Ansari was filed in 1996 on which the concerned court in August 1997, but on Ansari's on non-appearance, a non-bailable warrant was issued against him on December 18, 1997. Thereafter, despite repeated non-bailable warrant and process under Section 82 CrPC, Ansari did not appear before the trial court.

Ansari's counsel pleaded to quash the case on the ground that the other 22 co-accused in the case had been acquitted after facing trial in 1997 therefore, the entire proceeding of the aforesaid case against Ansari, who is a Member of the Legislative Assembly, was also liable to be quashed.

The bench of Justice Sanjay Kumar Singh held that "the judgment of acquittal of co-accused in a criminal trial is not admissible under sections 40 to 43 of the Evidence Act to bar the subsequent trial of the absconding co-accused".

Court stressed that though the co-accused in the matter had been acquitted in 1997, Ansari did not seek any legal remedy and filed the present application after about 26 years, 2 months and 23 days.

"Under the peculiar facts of the case, this court can not shut its eyes and became as silent spectator. This Court is of the opinion that for the enforcement of law there should not be selective treatment among the public," the single judge bench asserted while holding that "even on the acquittal of co-accused, the charge sheet and criminal proceeding pursuant thereto against the remaining co-accused cannot be quashed under section 482 CrPC".

Case Title: Rafique Ansari v State of UP and Another