The Allahabad High Court has rejected the bail of the former UP MLA Mukhtar Ansari in connection with a case under UP Gangster Act, saying that the rich criminal horoscope of the accused made him to be a popular public figure. It is the most unfortunate and ugly face of our democracy where a person on one hand is facing almost two dozen sessions of trials, but he gets elected by the public as their representative for six consecutive times.

A Single Bench of Justice Dinesh Kumar Singh passed this order while hearing a Criminal Misc Bail Application filed by Mokhtar Ansari.

The application under Section 439 CrPC was filed on 4.10.2021 seeking bail in FIR/Case under Section 3(1) of the U.P Gangster and Anti-social Activities (Prevention) Act, 1986, Police Station Tarwan, District Azamgarh.

Counsel for the accused-applicant submitted that he has received instructions to withdraw the bail application without undertaking that he would not file a fresh application seeking bail in the aforesaid case crime number.

The Court is of the view that the accused-applicant wants to avoid this Bench and, therefore, it has been prayed on behalf of the accused applicant to reject this bail application as withdrawn simpliciter as there is no bar for filing subsequent bail application. Therefore, the Court would like to proceed to decide the case on merit instead of rejecting the bail application as withdrawn simpliciter.

The Court noted that,

The Supreme Court in the case of Fatehchand Himmatlal and others vs State of Maharashtra and others, (1977) 2 SCC 670 has held that it is important, by comity of the Bench and the Bar, to conserve judicial time in the name of public justice.

The Supreme Court has time and again deprecated the practice of bench-hunting, bench-hopping and bench-avoiding.

In the case of Subrata Roy Sahara Vs Union of India and others, (2014) 8 SCC 470 has held that any act of bench-hunting, bench-hopping and bench-avoiding cannot be allowed. The benchmark, that justice must not only be done but should also appear to be done, has to be preserved at all costs. Any attempt for bench-hunting, bench-hopping and bench avoiding needs to be strongly repulsed.

Allegation against the accused-applicant is that on 6.10.2020, the Incharge Inspector, Swatantra Kumar Singh along with police team was on patrol duty and was to look out for the wanted criminals and, therefore, the vehicles etc were being checked.

During the patrol of the police team, it was noticed an organised gang containing Rajendra Pasi alias Bhusi Pasi S/o Rambadan Pasi, Rajan Pasi S/o Dehuni, Harikesh Yadav S/o Phoolchand, Rajesh Singh alias Rajan Singh S/o Late Ramvriksh Singh, Sahan Pasi S/o Prasidh Pasi, Chota Pankaj Yadav S/o Ramkaran Yadav, Shyam Babu S/o Pasidh Pasi and Abhishek Mishra alias Deepu Mishra S/o Lalji Mishra and other accused. The leader of the gang is the accused-applicant.

The leader and members of the gang committed heinous offences such as murder, abduction, extortion, loot ransom etc for their financial, economic and material benefits. Because of the criminal activities such as murder etc there remains a problem of law and order.

Because of the fear and terror of this gang, no one comes forward to lodge a report at the police station and no one dares to give evidence against any member of the gang. As this gang and leader is involved in heinous cases such as murder etc, their freedom would not be in the interest of the public in general. The gang and its leader have been committing the offences under Chapter 16, 17 and 22 of IPC and they are habitual criminals.

On 6.2.2014 at around 19:20 hours in Village Esa Kalapokhri where work was being conducted by a contractor through the workers, the gang members came there and fired from the automatic weapons on the workers, as a result thereof one worker, Ram Iqbal S/o Mohan died on the spot. Pachu S/o Ramjatan got seriously injured and received several fire arm injuries. This incident created an atmosphere of helter skelter. People got scared and terrified.

In respect of the said offence, Case under Sections 147, 148, 149, 302, 307, 506 and120-B IPC and Section 7 Criminal Law Amendment Act was lodged and after completion of the investigation, charge sheet dated 14.5.2014 and other charge sheets were filed. Gang chart was approved by the District Magistrate.

AGA has submitted that the accused-applicant is the most dreaded criminal, gangster and one of the biggest bahubali of India.

“The Court while rejecting the bail application of the accused applicant in Criminal Misc Bail Application no 46494 of 2021 in Case Crime no185 of 2021, under Sections 419, 420, 467, 468, 471 and 120- B IPC, Police Station Sarai Lakhansi, District Mau has said that the accused-applicant is a notorious criminal, who is an image of ‘Robin Hood’ in Northern India. He is a hardened and habitual offender, who has been in the sphere of crime since 1986, but he has not managed a single conviction against him. He has more than 56 cases to his credit of heinous nature and he could manage his affairs in such a way that he did not receive a single conviction barring two which have been rendered recently. This Court said that it is slur and challenge to the judicial system that such an dreaded and white colored criminal in the field of crime is undefeated and unabated”, the Court further noted.

The Court has taken note of the criminal cases registered against the accused-applicant and said that the rich criminal horoscope of the accused-applicant made him to be popular public figure and he got elected to the Legislative Assembly for six consecutive times. It is the most unfortunate and ugly face of our democracy where a person on one hand is facing almost two dozen sessions of trials, but he gets elected by the public as their representative for six consecutive times.

The Court said that,

If the accused-applicant is not a gangster, then in this country no one can be said to be a gangster. He and his gang members accumulated enormous wealth by striking fear and terror in the minds and hearts of the people and his freedom would be perilous to the law abiding citizens of this Court.

The present offence was committed only with object to strike fear that no one should dare to take contract except for the accused-applicant or his gang members and, therefore, the members of the gang opened indiscriminate fire from illegal automatic weapons on innocent workers, which resulted into death of one person and injury to others in order to strike fear and terror and give a message that one should not dare to take contract work of the Government in his area.

“Considering the allegations and the rich criminal horoscope of the accused-applicant and also taking into consideration of the fact that in most of the cases the accused-applicant could secure acquittal as the witnesses turned hostile because of fear and terror or the witnesses got eliminated and a criminal, gangster and bahubali, the accused-applicant is not entitled to be enlarged on bail”, the Court observed while rejecting the bail application.

New Delhi (ILNS): The Allahabad High Court on Monday stayed the demolition of the house of Uttar Pradesh MLA Vijay Mishra. The MLA had filed a writ petition with the court, challenging the demolition and saying that the demolition started 15 minutes after the court order on November 5, without giving him a reasonable opportunity to contest it.

The court has asked the state authorities to file a counter affidavit within two weeks. The complainant has alleged that the authorities are behaving in a high-handed manner.

The court has also directed the respondents to specifically disclose as to why a reasonable opportunity of the contest was denied to the petitioners.

The court order said: “Till then, no further demolition shall be carried out by the authorities concerned. It will be open for the petitioners to remove their belongings from the house in question.”

The matter is listed for next hearing on December 2.

This order has been given by Justice Ashwini Kumar Mishra on the petition of Indrakali and others.

The petitioner advocate Lokesh Kumar Dwivedi said that demolition was ordered on November 5, 2020. The demolition operation commenced within 15 minutes. It was also stated that the houses are in the names of both the petitioners but the Prayagraj Development Authority had given notice to only one.

Also Read: Arnab Goswami case: How urgent listings in court raise the hackles of some

It was contended that that sanction was obtained from the development authority for construction by the previous owners on February 3, 1980 and the petitioners also removed such construction that were in excess or contrary to the blueprint. The MLA claims that those prayers were ignored.

-India Legal Bureau

Prayagraj (ILNS): UP MLA Vijay Mishra got big relief from the Special Court for Gangster Act today. The court stayed the demolition proceeding of his shopping complex and two houses.

Ram Lali Mishra, wife of MLA Vijay Mishra had approached the court. While considering her application the court directed the government authority to stop the demolition proceedings. 

It was claimed in the application that the matter of sealing of both houses is under consideration before the court. She also claimed that in the past both houses have been wrongly sealed under the Gangster Act.

While giving the order on this application Special Judge of Gangster Act, Sanjay Kumar Shukla, said that without permission of the court demolition proceeding will not be continued.

The court also said that the action to demolish the house during the pendency of the case would mean a violation of the high court order. 

Read Also: US Election Result 2020: Biden bides time for 6 more votes, Trump moves court in Michigan, Pennsylvania and Georgia

Both houses are in the Allahpur area in the Jurisdiction of the Georgetown police station.

-India Legal Bureau