New Delhi, Dec 14 The Supreme Court on Thursday suspended the conviction of BSP leader Afzal Ansari in a Gangsters Act case, thus paving way for restoration of his Lok Sabha membership.
Ansari, who is the elder brother of jailed don Mukhtar Ansari, was disqualified as an MP in May after a special court for MP/MLA cases in Ghazipur sentenced him to four years’ imprisonment in April and imposed a fine of Rs 1 lakh on him in the case.
In its majority opinion authored by Justice Surya Kant and concurred by Justice Ujjal Bhuyan, the top court said that Afzal Ansari will "not be entitled to participate in the proceedings of the House" and will not have the right to cast his vote in the Parliament or to draw any perks or monetary benefits.
It clarified that he will not be disqualified to contest future elections and if he is elected, such election will be subject to the outcome of the appeal pending before the Allahabad High Court.
"The High Court shall make an endeavour to decide the appellant’s criminal appeal expeditiously and before 30.06.2024," it added.
Justice Dipankar Datta, in his minority opinion, refused to interfere with an order of the Allahabad High Court which had granted bail to Afzal Ansari but declined to stay his conviction. As a result, though he was released from jail, his membership of Parliament was not restored.
Before the apex court, Additional Solicitor General K.M. Nataraj, representing the UP government, had contended that the stay or suspension of conviction is to be granted as an exception and not as a rule.
In his appeal, Afzal Ansari had contended that the Gangsters Act was imposed on the basis of his alleged involvement in the murder of BJP MLA Krishnanand Rai and in that case, he has been acquitted. In August this year, the Allahabad High Court had issued a notice to Afzal Ansari on a petition filed by the Uttar Pradesh government, which has sought enhancement of his sentence in the Gangsters Act case.
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