The Supreme Court on Wednesday granted anticipatory bail to Umar Ansari, son of jailed gangster-turned-politician Mukhtar Ansari, accused in a case related to illegal possession of an evacuee property owned by the Uttar Pradesh government.

A case had been registered against Mukhtar Ansari and his two sons- Umar Ansari and Abbas Ansari under Sections 120-B, 420, 467, 468, 471 of the Indian Penal Code (IPC) and Section 3 of the Prevention of Damage to Public Property Act, 1984 by the Uttar Pradesh Police for causing loss of the valuable evacuee property of the government. 

The Bench of Justice M.M. Sundresh and Justice Prashant Kumar Mishra today allowed the anticipatory bail application of the accused on the grounds that he was cooperating with the Uttar Pradesh Police in the proceedings initiated against him.

The Apex Court said that it was inclined to grant anticipatory bail, subject to the conditions imposed by the trial court.

The top court of the country had earlier granted interim protection against arrest to Umar in July, subject to his diligent participation in the investigation process.

The FIR lodged in Hazratganj police station, Lucknow in 2020 against Mukhtar, Abbas and Umar Ansari alleged that they got a building plan sanctioned on an evacuee property based on forged documents by taking advantage of their influence.

The evacuee property, which now vests with the government, referred to the estate left ownerless by the Muslim community, which migrated to Pakistan during or after the partition of the country in 1947.

The trial court had summoned the Ansari brothers and their father to face the trial after taking cognisance of the charge sheet filed by the investigative agency.

The police report stated that the accused had prepared forged documents under a conspiracy to gain undue benefit by threatening people.

The Uttarakhand High Court has recently directed a petitioner to make a representation to the Competent Authority regarding encroachment on the evacuee’s property.

According to petitioner, huge tracts of land, belonging to the Ameer of Kabul, who left India at the time of Partition, has been declared evacuee property and the said land, which is situated in the heart of Dehradun City, has been encroached by unscrupulous persons.

Parikshit Saini, the counsel for the petitioner, referred to a judgment dated 15.06.2007 passed by Single Judge of the High Court. The said PIL , filed by alleged encroachers in 1984 before Lucknow Bench of Allahabad High Court, was allowed and the possession warrant issued by Assistant Custodian, Evacuee Property was quashed and matter was relegated back to Assistant Custodian Evacuee Property to pass appropriate order, as per law, without any unnecessary delay.

The grievance raised by petitioner in the PIL is that despite the order of the High Court passed on 15.6.2007, Assistant Custodian, Evacuee Property has not taken any decision in the pending proceedings, therefore, encroachments are still lying over the evacuee property, left behind by Ameer of Kabul.

Having regard to the public interest involved in the matter, the Division Bench of Justice Manoj Kumar Tiwari and R.C. Khulbe disposed of the PIL with liberty to petitioner to make representation to the Competent Authority, within three weeks .

“If petitioner makes such representation to the Competent Authority, he shall look into the matter and take appropriate decision, as per law, as early as possible, but not later than three months from the date of production of certified copy of this order along with representation,” the order reads.