Gangsters Act Case: MP Afzal Ansari Challenges Conviction in Allahabad HC

Ghazipur MP Afzal Ansari has challenged his conviction by a Ghazipur trial court in a Gangsters’ Act case related to the 2005 murder of BJP MLA Krishnanand Rai, citing his acquittal in the main case, in the Allahabad High Court.

Appearing for Ansari, senior advocates G S Chaturvedi and Upendra Upadhya contended that out of the seven accused in the murder case, only Afzal Ansari, his brother, and another politically active individual were selectively charged under the Uttar Pradesh Gangsters and Anti-Social Activities (Prevention) Act.

The counsel further submitted before the high court that since he has been acquitted in the murder case, he cannot be convicted subsequently under the Gangsters’ Act. “Additionally, the witnesses are identical in both cases,” stated Afzal Ansari’s counsel.

Following the appellant’s counsel’s arguments, a single bench of Justice Sanjay Kumar Singh directed that the appeal’s hearing would continue on Wednesday.

The court will now listen to the arguments presented by the state government’s counsel.

Appeals and Reinstatements

The Uttar Pradesh government has also filed an appeal in this high court seeking an increase in Ansari’s sentence in the same Gangsters’ Act case, and a criminal revision has been filed by Piyush Rai, son of Krishnanand Rai, also seeking an increase in the sentence.

Earlier, Ansari was disqualified as an MP after a special MP-MLA court in Ghazipur pronounced judgment on April 29, 2023, convicting him and sentencing him to four years in the Gangsters’ Act case, along with a fine of Rs 1 lakh.

Subsequently, he filed a criminal appeal before the high court. On July 24, 2023, the high court granted bail to Ansari but refused to stay his conviction in the case. Consequently, although Afzal was released from jail, his parliamentary membership was not reinstated. Moreover, he became ineligible to contest future Lok Sabha elections as the sentence awarded was over two years. Later, the Supreme Court stayed Ansari’s conviction in the case. Consequently, his parliamentary membership was reinstated, and he also regained eligibility to contest the Lok Sabha election.

The apex court directed to expedite the hearing of the pending criminal appeal before the high court and to decide it by June 30. Ansari has been nominated by the Samajwadi Party from Ghazipur Lok Sabha constituency. He had previously won on the Bahujan Samaj Party ticket in the last Lok Sabha election.

Background

The Gangsters’ Act was registered at the Mohammadabad police station of Ghazipur district based on Ansari’s alleged involvement in Krishnanand Rai’s murder in 2005.

The special MP-MLA court, in a judgment dated April 29, 2023, convicted Ansari along with his younger brother Mukhtar Ansari in a 2007 Gangsters’ Act case. While Afzal Ansari was sentenced to four years, Mukhtar Ansari received a 10-year jail term.

Demise of Mukhtar Ansari

Mukhtar Ansari, a gangster and politician serving a jail term, passed away due to cardiac arrest in a hospital in Banda on March 28.

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