Legally Speaking

Poll Code Violation Case: Allahabad HC Grants Anticipatory Bail to Umar Ansari

The Allahabad High Court has granted anticipatory bail to Umar Ansari, the son of mafia-turned-politician Mukhtar Ansari, in a criminal case registered against him during the 2022 Uttar Pradesh assembly elections for an alleged violation of the model code of conduct.

The case is related to a speech given by Umar Ansari’s brother and Mau MLA, Abbas Ansari, during the election campaign. Justice Samit Gopal, while granting anticipatory bail to Umar Ansari, has directed the state government to submit its counter-affidavit within 10 days and scheduled the case for the next hearing on November 30.

During the hearing, Umar Ansari’s counsel argued that the case was registered on March 4 last year for a speech made at a rally the day before. It is alleged that the speech had the potential to incite unrest between communities and was considered a violation of the election code. However, there is no evidence on record to suggest that Umar Ansari delivered any such speech that could jeopardize law and order, as per the counsel’s submission.

The counsel for the state government opposed the anticipatory bail application, stating that the applicant had already challenged the charge sheet filed against him in this case before the high court and subsequently in the Supreme Court. Both forums had rejected his petitions.

After hearing arguments from both sides, the court decreed, “In the event of the applicant Umar Ansari’s arrest, he shall be released on interim anticipatory bail until the next listing date.”

Abbas Ansari, who contested and won the assembly polls as a candidate of the Suheldev Bhartiya Samaj Party (SBSP)-Samajwadi Party alliance, allegedly mentioned in a public rally that after forming the state government, there would be no transfer of government officials for the first six months, as he had certain issues to resolve with them.

 

Nunnem Gangte

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