Supreme Court recalls order in UP MLA Abbas Ansari case, seeks more clarity

Earlier in the day, the bench directed UP Police to complete the probe against Ansari in a case under the Gangsters Act within 10 days.

New Delhi: The Supreme Court on Friday recalled its order asking police to complete a probe against MLA Abbas Ansari in a case under the Gangsters Act within 10 days and instead sought to know whether any investigation was pending against him.

A bench of Justices Surya Kant and N Kotiswar Singh posted the matter on March 6 after senior advocate Kapil Sibal appearing for Ansari said the investigation was complete and a chargesheet was filed in the case registered under the UP Gangsters Act.

He said the state filed a wrong affidavit in the matter and there was nothing pending against Ansari.

Additional solicitor general K M Nataraj, appearing for the UP government, said he needed further clarification on the matter.

Sibal said the state furnished wrong information in its affidavit when it said four of the co-accused were absconding as there was no other accused as per the chargesheet in the case.

The bench consequently recalled the order passed earlier in the day and asked the state government to file a status report indicating the status of the investigation.

It had directed UP Police to complete the probe against Ansari in a case under the Gangsters Act within 10 days and said the court would consider the bail plea of Ansari after investigation in the case was over.

The bail plea stems from a case in which Ansari is accused of allegedly operating a gang in state's Chitrakoot district.

The top court had relied on the affidavit filed by the state government in which it said that the investigation was underway and the investigating officer said that releasing him on bail would be detrimental to the probe.

The bench referred to the official's submission saying that Ansari had managed to bribe a jail official and could influence the witnesses if released on bail.

On January 31, fearing an encounter, Ansari sought to appear virtually in the trial court proceedings in a case under the Gangsters Act.

Ansari had submitted that he was appearing before the court virtually from jail in Kasganj but the facility was later stopped.

The top court, which had sought the UP government's response on Ansari's bail plea, denied the plea for virtual hearing on the ground that no prayer was made in the petition and asked Sibal to move the high court with the plea.

On December 18, last year, the Allahabad High Court rejected Ansari's bail plea in the case.

An FIR was lodged on August 31, 2024 at Kotwali Karvi Police Station in Chitrakoot district under Section 2, 3 of UP Gangsters and Anti-Social Activities (Prevention) Act, 1986 against Ansari, Navneet Sachan, Niyaz Ansari, Faraz Khan and Shahbaz Alam Khan. They were accused of extortion and assault.

Ansari is an MLA from Mau constituency representing Suheldev Bharatiya Samaj Party.

Rejecting the bail application, the high court said the investigation in the case was underway and he was arrested in the matter on September 6, 2024.

A gang chart was prepared on August 28, 2024 which was duly approved by the Chitrakoot district magistrate on August 29, 2024 showing the applicant as a gang leader whereas the other four accused as the gang members, stated to be involved in criminal activities.