New Delhi: The Supreme Court on Monday stayed the Allahabad High Court's order sentencing Mukhtar Ansari to seven years of imprisonment for threatening a jailer and pointing a pistol at him.
The bench comprising of Justice BR Gavai and Justice Vikram Nath was hearing the petition filed by Bahujan Samaj Party ex MLA, Mukhtar Ansari, who had challenged the Allahabad High Court's order under the Uttar Pradesh Gangsters and Anti-Social Activities (Prevention) Act based on a 23 year old FIR. The court also issued notice in the matter.
Back in 2022 on 2nd September, the Allahabad High Court had set aside the trial court's order that had acquitted Mukhtar Ansari and ruled that he is guilty under sections 353 (assault or criminal force to deter public servant from discharge of duty), 504 (intentional insult with intent to provoke breach of peace), and 506 (criminal intimidation) of the Indian Penal code (IPC).
The HC sentenced him for 2 years imprisonment and fined him with Rs 10,000 for offences under Sec 353, 2 years jail and fine of Rs 2000 for offences under sec 504 and 7 years jail and fine of Rs 25,000 for offences under section 506.
The case before SC was regarding incident that happened back in 2003. Lucknow district prison jailer had lodged an FIR wherein he allged that he was threatened, abused and Ansari had pointed a pistol at him. When the matter reached the trial court, acquittal was granted. The government then challenged it and HC set aside the acquittal.
Today senior advocate Kapil Sibal appearing for Ansari before the top court said that he is seeking suspension of sentence and no witnesses turned up. Justice BR Gavai asked the state of UP today about the parameters on which Ansari was convicted. He also asked where is the finding of the HC which notes that trial court's finding is perverse.
State of UP told the court that witnesses did not turn up for cross examination. The court proceeded to issue notice seeking response from the parties involved.
