Allahabad High Court grants interim protection from arrest to Abbas Ansari

The Allahabad High Court on Tuesday granted protection from arrest to Member of Legislative Assembly (MLA) from Mau constituency Abbas Ansari in a case that stemmed from statements made against government officials at a public rally [Abbas Ansari v State Of UP]..A Bench of Justices Sunita Agarwal and Vikas Kunvar Srivastav passed the order on a plea by Ansari, who is the son of politician Mukhtar Ansari, seeking quashing of a First Information Report (FIR) lodged against him on March 4 on account of a statement made by him during the course of an election meeting.During the meeting, he had threatened "to settle accounts" with government officials..The Division Bench, while agreeing to hear the case, directed that the petitioner shall not be arrested. However, this was made subject to the petitioner’s cooperation with the investigation."Till the next date of listing, the petitioners shall not be arrested. They shall, however, be under obligation to cooperate in the investigation. In case of any act of the petitioners of noncooperation in the ongoing investigation, it would be open for the respondents to approach this Court for vacation of this interim order," the Court said..The MLA has been accused of committing offences of undue influence or personation at an election, and criminal intimidation.It was the petitioner’s submission that the Election Commission of India (ECI) had taken cognizance of the statement and prohibited the petitioner from holding any public meetings, processions, rallies, road shows and interviews or utterances in media for 24 hours..However, it was stated that the local police was attempting to arrest the petitioner by adding graver offences, since the offence under Section 171F was non-cognizable and Section 506 was added as a consequence of Section 171F.It was his contention that the ECI had, at no point of time, recommended lodging of a criminal case against the petitioner..Therefore, apprehending immediate arrest, Ansari moved the High Court.The petitioner also expressed apprehension that he was being targeted so as to prevent him from taking oath..The Bench while agreeing to hear the case observed, “looking to the material on record and the submissions of the learned counsel for the petitioners, we find it a fit case to entertain at this stage.”.Consequently, the Court sought a response from the respondents within three weeks and posted the case for April..Advocate Upendra Upadhyay appeared for the petitioner while the Respondents were represented by Government Advocate Jitendra Ojha..[Read Order]