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Synopsis

Former Member of Parliament of India for Ghazipur constituency, Uttar Pradesh Afzal Ansari has filed an appeal before the Allahabad High Court against his conviction in a Gangster Act case.

Two days after being convicted and sentenced to 4 years in prison by the Ghazipur MP/MLA Court in the said case, Ansari was disqualified on May 1 as an MP from the date of his conviction.

In a separate plea, Ansari has also sought stay on his conviction. 

Ansari and his brother Mukhtar Ansari were booked under the Gangster Act after having been found involved in the kidnapping of Vishwa Hindu Parishad office-bearer Nandkishore Rungta in 1997 and murder of Bharatiya Janata Party MLA Krishnanand Rai in 2005. 

Criminal-turned-politician Mukhtar Ansari, who is brother of the disqualified MP, was also sentenced to 10 years in prison in the same case.

Ansari's disqualification was done in view of provisions contained in Article 102 (1) (e) of the Constitution r/w section 8 (3) of the Representation of People Act 1951 (RP Act). According to Section 8 (3) of the RP Act, the moment an MP is convicted of any offence and sentenced for at least two years, she or he attracts disqualification.

In his appeal against the decision of the Trial Court, Ansari has alleged that the Trial Court did not appreciate the evidence available on record correctly and also ignored the version of the defence.

Among other several contentions raised, Ansari's main argument is that the Trial Court referred to the statements of the witnesses recorded during examination-in-chief and without analyzing the evidentiary value of the same, it came to the conclusion that Ansari was guilty under section 3 (1) of the UP Gangsters Act.

If the high court stays Ansari's conviction or rules in his favour in the present appeal, his disqualification from Parliament can be reversed. 

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