25 July 2024 1:19 PM GMT
The Supreme Court today issued notice on Uttar Pradesh MLA Abbas Ansari's plea seeking bail in a case involving allegations that his wife made unrestricted visits to him in Chitrakoot jail and he used her mobile phone to threaten witnesses and officials.
A bench of Justices Surya Kant, Dipankar Datta and Ujjal Bhuyan passed the order, calling for the UP government's response on Ansari's challenge to the Allahabad High Court order, whereby he was denied bail.
To recap, Ansari, an MLA from Mau Assembly, was booked under Sections 387, 222, 186, 506, 201, 120-B, 195-A and 34 of IPC; Sections 7, 8 and 13 of Prevention of Corruption Act, 1988; and Section 42(b), 54 of Prisons Act, 1894.
The allegations against him in the present case are to the effect that his wife would frequently visit him in jail, without complying with formalities and prescribed restrictions, and he would use her mobile phone to threaten persons to extort money; a posse of men loyal to him would then collect the money and bring it to him.
It has further been alleged that Ansari is being provided all sorts of benefits during his incarceration for which officials of the jail are paid both in cash and kind. It is also the prosecution's case that Ansari is planning to stage an escape from the jail with the connivance of the driver of his wife as well as certain jail officials.
Seeking bail in the case, Ansari initially approached the Allahabad High Court claiming that no offence was made out against him. He pled that a meaningful reading of the FIR would indicate that the allegations are primarily against his wife and co-accused Niyaz, who have been granted bail.
Per contra, the State submitted that Ansari yields enormous influence, both in terms of money and muscle power, and under these circumstances, if he is released at this stage, he would influence the witnesses, which would adversely impact the prosecution's case.
After hearing both parties, the High Court refused to grant Ansari bail noting that eyewitnesses and policemen in the case remained to be examined. Considering his profile, background and family antecedents, the High Court was also of the opinion that the allegations against him “may not be completely without substance”.
Stressing that Ansari is an MLA, the High Court further observed that his conduct has to be of a “higher standard” than other common persons of the society. “The members of the Legislative Assembly are also the law makers and in juxtaposition, it is not appropriate that a law maker may be seen as a law breaker,” it remarked.
Case Title: ABBAS ANSARI Versus THE STATE OF UTTAR PRADESH, Diary No. 21772-2024