The Supreme Court today put a stay on the Allahabad High Court order that sentenced former Bahujan Samaj Party (BSP) Member of the Legislative Assembly (MLA) Mukhtar Ansari to seven years for intimidating a jailer in 2003.
Ansari was sentenced for abusing and pointing a pistol at a jailer, besides threatening to kill him.
A bench of Justice BR Gavai and Justice Vikram Nath passed the order on an appeal filed by Ansari against the High Court order convicting him.
A notice has been issued to the state of Uttar Pradesh by the bench in the matter while staying the order.
Mukhtar Ansari was represented by Senior Advocate Kapil Sibal while the State was represented by Additional Advocate General Garima Prashad.
Justice Dinesh Kumar Singh of the Allahabad High Court had set aside a 2020 order passed by the Special Judge acquitted Ansari of the charges on the ground that it had completely ignored the evidence of the jailer given in examination-in-chief and had only considered his cross-examination.
The High Court said that the approach of the trial court was palpably erroneous and was against the well-settled legal position as discussed.
Justice Singh had said the judgment and order passed by the trial court was unsustainable.