The Allahabad High Court has admitted the appeal filed by disqualified MP Afzal Ansari challenging his conviction in the Gangster Act case.
The Court has also summoned the lower court’s record related to the case.
A Single Bench of Justice Rajeev Misra passed this order while hearing a criminal appeal filed by Ansari.
The Additional Advocate General has raised a preliminary objection by submitting that the impugned conviction awarded by court below is under Section 3 of the Gangsters Act, therefore, the order impugned is appealable under Section 18 of the Gangsters Act. However, the appeal has been filed under Section 374(2) Cr.P.C, which is incorrect.
At the juncture, a request is made by Upendra Upadhyay, the counsel for appellant seeking permission of the Court to amend the Section under which the appeal has been filed.
Prayer made by the counsel for the appellant is bonafide. Same is not opposed by the A.G.A and D.K Singh, assisted by Sudist Kumar, representing the Victim, the Court noted.
Accordingly, it is allowed by the High Court.
“Let necessary amendment in the memo of appeal as well as the cause title of the application for suspension of sentence be carried out by the counsel for appellant during the course of the day.
By virtue of the provisions contained in Section 19(4) of the UP Gangster and Anti-Social Activities (Prevention) Act, 1986, the A.G.A is granted 3 weeks’ time to file a counter affidavit to the application for suspension of sentence. Applicant-appellant will have 1 week thereafter to file a rejoinder affidavit”, the order reads.
The Court has fixed the next hearing of the petition on July 04, 2023.
A case was registered under the Gangster Act against Ansari and his brother and former UP MLA Mukhtar Ansari after they were booked for their involvement in the kidnapping of Vishwa Hindu Parishad office-bearer Nandkishore Rungta in 1996 and also in the murder of Bharatiya Janata Party MLA Krishnanand Rai in 2005.
Significantly, two days after his conviction, Ansari was disqualified as a Member of the Lok Sabha from the date of his conviction in the case by virtue of provisions contained in article 102 (1) (e) r/w Section 8 (3) of the Representation of the People Act 1951.
However, this disqualification can be reversed in case the High Court grants a stay on his conviction or it goes on to decide the appeal moved against the conviction in favour of Ansari. This is the reason why Ansari has moved a separate application seeking a stay on his conviction.