No relief for Abbas Ansari, SC adjourns hearing to September 17

New Delhi, September 9 (IANS): The Supreme Court on Monday adjourned the hearing of Suheldev Bhartiya Samaj Party (SBSP) MP Abbas Ansari's plea against the implementation of the stringent Gangster Act by the Uttar Pradesh Police.

A bench comprising Justices Surya Kant and Ujjal Bhuyan decided to adjourn the hearing after the state government's legal adviser sought time to file a brief affidavit.

The Supreme Court has scheduled the case for hearing on September 17 along with the petition filed by Abbas Ansari, the eldest son of late gangster and politician Mukhtar Ansari. The bail application in connection with an illegal jail visit case was also filed.

While Ansari was in Chitrakoot Jail, he was caught illegally meeting his wife Nikhat in prison with the consent of the prison officials.

Last week, the Supreme Court decided to postpone the bail hearing after the Uttar Pradesh government sought an adjournment.

“Additional Solicitor General (ASG) KM Natraj is in personal trouble. He is not in Delhi. The counter affidavit has already been filed. He will approach the court and the matter may be adjourned to next Monday (September 9),” said a lawyer appearing on behalf of the Uttar Pradesh government.

On the same day, senior advocate Kapil Sibal, representing Abbas Ansari, feared that a new charge under the Gangster Act might be brought against his client to prevent his release on bail.

“There are only two cases left. This (wrongful prison visit) case and one pending before Justice MM Sundresh (bail application in a money laundering case). If my client gets bail in both cases, he will be arrested under the Gangster Act. That is what will happen,” he had argued.

On Friday, senior counsel CJI DY Chandrachud asked for urgent addition to the list of pleas filed by Abbas Ansari against the Gangster Act and the bail plea in the illegal jail visit case.

CJI Chandrachud Sibal then assured that he would look into the email and issue the necessary order to list both the pleas together.

In early May, the Allahabad High Court had refused to release Abbas Ansari on bail, taking into account his “profile, background and family history”.

Justice Jaspreet Singh said, “The petitioner is a member of the Legislative Assembly. He is a person who holds a position of responsibility and represents the public. His conduct must be of a higher standard than that of other ordinary persons of the society. The members of the Legislative Assembly are also the legislators and, contrary to that, it is not appropriate that a legislator should be considered a lawbreaker.”

In February last year, Nikhat Bano visited her husband in Chitrakoot jail and was found with two mobile phones, Rs 21,000 in cash and 12 Saudi riyals in a raid by the district administration.

She was arrested, among other things, for having an “illegal meeting” with her husband in prison in violation of prison rules.

Abbas Ansari was subsequently shifted to Kasganj Jail by the Uttar Pradesh government.

State police also arrested prison officers who allegedly facilitated meetings between the couple in exchange for cash.