UP court stays Abbas Ansari's sentence but maintains conviction in hate speech case

Mau (UP): A local court on Saturday upheld the conviction of former Mau MLA Abbas Ansari in a hate speech case but allowed further hearings on his plea specifically challenging the quantum of the two-year sentence initially awarded.

The Mau MP/MLA Fast Track District and Sessions Court granted Ansari interim bail on a bond of Rs 50,000 and stayed his sentence, but maintained his conviction.

The court's decision to continue hearing arguments on the severity of the punishment has offered some hope to Ansari's supporters regarding the potential restoration of his assembly membership.

His membership was terminated after the Chief Judicial Magistrate (CJM) court's order on May 31, which had sentenced him to two years' imprisonment.

Meanwhile, the court also granted bail to Ansari and his co-accused, Mansoor. The next hearing in the sessions court regarding the quantum of the sentence is scheduled for July 25.

The decision means Ansari will now have to appeal to the Allahabad High Court to challenge his conviction and potentially save his membership in the Uttar Pradesh assembly.

District and Sessions Judge Rajiv Kumar Vats, after hearing the arguments from both sides, had reserved the order on June 30 and delivered the verdict on Saturday.

Ansari's lawyer Daroga Singh, said, "The court in its judgement did not stay the conviction. However, Abbas Ansari and Mansoor have been granted bail on a bond of Rs 50,000. We will now go to the high court against the conviction." Government advocate Ajay Kumar Singh elaborated on the court's decision, "Earlier, the CJM court had convicted Abbas Ansari and sentenced him to two years. Against that, his advocate Daroga Singh had filed an appeal along with two applications. In which they had sought a stay on the sentence and bail."

He added: "Today, the MP/MLA court pronounced its decision. Since the sentence was only for 2 years, it is a provision in CrPC that bail should be granted, so they have granted it. And apart from that, the sentences, the punishment he received, have been stayed, but the court has upheld the conviction against him. It has not stayed the conviction. Hearing on the quantum of the two-year sentence will be held on July 25."

The case stems from a speech delivered by Ansari during an election rally at Paharpur ground in Mau on March 3, 2022, amid the assembly elections.

Ansari, then a Suheldev Bharatiya Samaj Party (SBSP) MLA from Mau, allegedly threatened the Mau administration from the stage, stating, "I have told Akhilesh Bhaiya, after the government is formed, there will be no transfers for 6 months; first, accounts will be settled."

The Election Commission had imposed a 24-hour ban on his campaigning following this statement. Subsequently, on April 4, 2022, an FIR was registered at Kotwali Mau based on a complaint by then Sub-Inspector Gangaram Bind. The FIR named Ansari, his brother Umar Ansari, election agent Mansoor, and approximately 150 unknown individuals.

The FIR included charges under IPC sections 506 (criminal intimidation), 171F (undue influence or personation at an election), 186 (obstructing public servant), 189 (threat of injury to public servant), 153A (promoting enmity between different groups), and 120B (criminal conspiracy).

On May 31, the MP-MLA Court of Judge K P Singh had convicted Ansari and Mansoor in the hate speech case and sentenced him to two years.

Following this conviction, the Uttar Pradesh Legislative Assembly Secretariat had terminated his membership as MLA on June 1.