Relief To Afzal Ansari Against Sentence In Gangster Act, Appeal Accepted

The Allahabad High Court has accepted the appeal of SP MP Afzal Ansari against his sentence under the Gangster Act. The court also rejected the appeals of the state government and Piyush Rai, son of the late MLA Krishnanand Rai, which sought to increase the sentence.

Justice Sanjay Kumar Singh delivered this order on Monday, with the decision being reserved since July 4 after extensive hearings on all three appeals.

Representing Afzal Ansari, senior advocates Gopal Chaturvedi, DS Mishra, and advocate Upendra Upadhyay argued that the gang chart prepared by the prosecution included many members, but action under the Gangster Act was taken against only three individuals. They contended that this selective prosecution was politically motivated. Additionally, they pointed out that Afzal Ansari had been acquitted in the original case that led to his Gangster Act sentence. Since then, only two cases had been registered against him, both related to the People’s Representation Act in the 2009 and 2014 elections. The investigator in the trial court admitted there had been no complaints against Ansari during his four-year tenure at the Mohammadabad police station. Given this context, they argued that there was no justification for increasing Ansari’s sentence and that the Gangster Act should not apply in cases rooted in political rivalry.

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Conversely, during the state government’s appeal, Additional Advocate General PC Srivastava and Additional Government Advocate JK Upadhyay argued that the trial court had been lenient with Afzal Ansari’s punishment under the Gangster Act due to his age (70 years) and his political status as a repeatedly elected MP and MLA. They asserted that the trial court should have considered Ansari’s age at the time of the crime and that his political positions should not mitigate his punishment. They contended that those in positions of responsibility should receive maximum penalties if they commit crimes. Piyush Rai’s advocate, Sudisht Kumar, supported the government’s arguments.

Afzal Ansari had been sentenced to four years imprisonment by Ghazipur’s Special Court MP/MLA under the Gangster Act. He appealed for the sentence to be canceled. The case under the Gangster Act was based on the MLA Krishnanand Rai murder case, involving Mukhtar Ansari, Afzal Ansari, and Ejazul Haq. Previously, the High Court refused to stay Afzal Ansari’s sentence, leading him to appeal to the Supreme Court. The Supreme Court granted a stay on the sentence and directed the High Court to resolve the appeal by June 30. Meanwhile, the state government and Piyush Rai appealed to increase the sentence, which was subsequently objected to by Afzal Ansari.

Ultimately, the High Court’s decision provided relief to Afzal Ansari, rejecting the appeals for an increased sentence and questioning the application of the Gangster Act in politically motivated cases.