Supreme Court stays Allahabad HC order sentencing 5-time MLA Mukhtar Ansari to 7-year jail term in 2003 case
In the instant case, some people had come to visit Ansari in jail in 2003 and the jailor ordered frisking. On this, Ansari got highly annoyed and extended death threats to the officer while abusing him. While convicting him, the High Court had noted that Ansari had a reputation of the most dreaded criminal and mafia don who had more than 60 cases of heinous offences to his credit.
The Supreme Court has stayed the Allahabad High Court's order convicting five-time MLA from Mau constituency in Uttar Pradesh, Mukhtar Ansari and sentencing him to a 7-year jail term for intimidating and threatening an on-duty jailer to kill in 2003.
"Leave granted. Interim stay on order under challenge", ordered a bench of Justices BR Gavai and Vikram Nath today after hearing Ansari's plea.
In September this year, Justice Dinesh Kumar Singh of the Allahabad High Court had allowed the government appeal moved against the order of the Special Judge, MP/MLA Court Lucknow passed in December 2020 which had acquitted Ansari from all charges in the case registered against him for intimidating an on-duty jailer by abusing and threatening to kill him with a visitor's revolver.
The High Court had observed that the evidence on record proved that Ansari abused and insulted the jailor knowing fully well that it would undermine his authority which could cause breach of peace inside the jail.
"From evidence on record, it is proved that the accused-respondent on the date, time and place of incident took pistol/revolver from a visitor and pointed towards the complainant and threatened him for his life," high court had further noted.
In 2003, Lucknow district prison jailer SK Awasthi lodged a First Information Report with Alambagh police alleging that he was threatened for ordering frisking of Ansari when some people came to visit him in prison. The Jailor also alleged that on the order of frisking, Ansari got highly annoyed and pointed a pistol taken from one of the visitors at him while abusing.
As per the prosecution case, Ansari said, "You Jailer think yourself very high. You create hurdles in coming persons to meet me...You come out of Jail today, I would get you killed."
At the time of the incident, the Deputy Jailers, Gate Keeper, and other jail staff members were also present.
The trial court acquitted Ansari in this case finding that the offences were not made out, but the government filed an appeal.
Justice Singh had also noted that Ansari had a reputation of the most dreaded criminal and mafia don who had more than 60 cases of heinous offences to his credit. "No one can dispute his credibility of striking terror and fear in minds and heart of the people including the Government officials," the court stated.
Case Title: Mukhtar Ansari vs. State of UP