The Supreme Court on Friday sought response from the government of Uttar Pradesh on a petition filed by MLA Abbas Ansari seeking bail in a criminal case registered against him under the UP Gangsters and Anti-Social Activities (Prevention) Act, 1986.
The order was passed by the Bench of Justice Surya Kant and Justice N Kotiswar Singh.
Appearing for Ansari, Senior Advocate Kapil Sibal argued that an FIR based on similar allegations was earlier quashed. This was the second FIR alleging that Ansari was running a gang at Chitrakoot, 450 km away from the Kasganj jail, where he was currently lodged.
Senior Advocate Sibal contended that on March 28, 2024, the Apex Court had issued notice on the plea. The ASG sought time on September 4 and later lodged the second FIR.
Appearing for the State of UP, Additional Solicitor General KM Nataraj sought time to file a counter-affidavit.
The Apex Court granted him time of two weeks to file the counter-affidavit.
Sibal apprised the Bench that until recently, Ansari was attending trial proceedings virtually. Of late, the authorities have been conveying that they would come and take him physically.
Claiming that any untoward incident may take place in the backdrop of certain accused dying in police encounters during transfers, the Senior Counsel requested the Court to show some indulgence in this regard.
The Bench refused to pass any direction.
The top court of the country, however, granted liberty to Ansari to move the High Court for any prayer not made in the bail petition.
It further directed the High Court to decide on Ansari’s plea within four weeks.
On December 18, 2024, the Allahabad High Court rejected Ansari’s bail plea inter-alia on the grounds that he was shown to be the leader of a gang registered at the district level, and that 10 other cases were registered against him, including one under the Prevention of Money Laundering Act (PMLA).
It further took into account the fact that since investigation was going on in these cases, there were chances of tampering.
An FIR was lodged against Ansari and others at PS Kotwali Karvi, District Chitrakoot on August 31, 2024, under Section 2/3 of the UP Gangsters Act, based on receipt of information that Ansari had formed a gang for financial and other benefits. It was further alleged that Ansari was instilling fear in persons, assaulting them and extorting money from them.