Hate Speech: SC Refuses to Quash Case Against Mukhtar Ansari’s Son

The Supreme Court on Friday refused to quash an FIR filed in Uttar Pradesh against Umar Ansari, gangster-turned-politician Mukhtar Ansari’s son, in a hate speech case linked to the 2022 state assembly poll campaign.

Umar Ansari, along with his MLA brother Abbas Ansari, is facing criminal prosecution in a hate speech case. He is charged with sharing the dais in a rally in Mau district, where his brother allegedly threatened government officials with payback.

A bench comprising Justice Hrishikesh Roy and Justice Pankaj Mithal stated, “We will not be quashing the FIR in a case where the high court has declined the relief. You will have to face the trial.”

Abbas Ansari successfully contested and won the 2022 Uttar Pradesh assembly polls as a candidate of the Suheldev Bhartiya Samaj Party (SBSP)-Samajwadi Party alliance from Mau Sadar seat. He is accused of making remarks during a public rally, stating that after forming the government in the state, no state officials would be transferred for the first six months as he had a score to settle with them (“pahle hisab kitab hoga”).

Umar Ansari’s lawyer contended, “A young boy will have to face the trial just because he took birth in that family. Moreover, the alleged remark was not made by him.” Despite refusing to entertain the plea, the bench clarified that its order would not obstruct courts from considering the plea during subsequent trial and other proceedings.

Umar Ansari has appealed against the high court’s order, which refused to quash the case against him. In January, the high court had also dismissed Abbas Ansari’s plea, seeking the quashing of the criminal proceedings in the case.

The FIR was registered against the MLA, his brother Umar, and others under Sections 171F (Punishment for undue influence or impersonation at an election rally) and 506 (punishment for criminal intimidation) of the IPC. Following the conclusion of the investigation, a chargesheet was filed against the accused.