HC quashes FIR against jailed MLA Abbas Ansari under UP Gangsters Act

The court’s direction came during a hearing on a petition filed by Abbas’ associate Shahbaj Alam Khan who requested the FIR to be quashed.

The petitioner argued that the Chitrakoot Superintendent of Police and the District Magistrate did not assess the situation personally and instead relied on reports and opinions from “various authorities”. The government counsel cited a joint report from the SP and the District Magistrate, which alleged that Abbas formed a gang with his former associates for “financial and material gains”.

In its order, the HC said, “After hearing the rival contentions, this court finds that finding in the gang-chart recorded by the District Magistrate, Chitrakoot, and Superintendent of Police, Chitrakoot, that they are recommending the gang-chart on the basis of legal advice and report of the certain authorities does not finds mention in the joint meeting of the same date i.e, 25.1.2024.”

The court further stated, “After considering overall facts and circumstances and material on record, this court finds that the findings recorded in the joint meeting on 25.1.2024 and the findings recorded while granting approval of the gangchart by the Superintendent of Police, Chitrkoot and District Magistrate, Chitrakoot are at variance and it shows that mere formality has been observed while holding joint meeting and approving gang chart. In view of the above, impugned First Information Report is hereby quashed. The writ petition is allowed .”

The Chitrakoot police had filed an FIR against Abbas, Navneet Sachan, Niyaz Ansari, Faraz Khan, and Shahbaj Alam Khan, under Sections 2 and 3 of the UP Gangsters and Anti-Social Activities (Prevention) Act at the Karvi police station on January 29.

They alleged that Abbas, upon his transfer to the Chitrakoot jail from Prayagraj, formed a gang with his associates, engaging in extortion through intimidation.

Abbas, who won the Assembly election from the Mau seat on a Suheldev Bharatiya Samaj Party (SBSP) ticket, has been in jail since November 2022.

In February last year, Abbas’s wife Nikhat Bano was arrested along with her driver Riyaz for allegedly providing “undue help” to her husband. A case was registered against senior prison officials, including the jail superintendent, and suspension orders were issued against them. A team comprising the administration and police officials had conducted a surprise check in the Chitrakoot jail and allegedly caught Nikhat Bano in a room next to the jail superintendent’s office.

The police said she got inside the jail without completing formalities required for a visitor. On February 14 last year, the state government had ordered to transfer Abbas to the Kasganj jail on “administrative grounds”.