New Delhi, Sep 8 (IANS): Suheldev Bhartiya Samaj Party (SBSP) MLA Abbas Ansari has petitioned the Supreme Court against slapping of the stringent Gangster Act by the Uttar Pradesh Police.
As per the causelist published on the website of the apex court, a bench of Justices Surya Kant and Ujjal Bhuyan will take up the matter for hearing on September 9.
The same Bench will also resume hearing the plea filed by Abbas Ansari, the elder son of late gangster-turned-politician Mukhtar Ansari, seeking bail in connection with the unlawful jail visit case.
Ansari, when lodged at Chitrakoot jail, was caught meeting his wife Nikhat illegally in the jail in connivance with jail officials.
Last week, the top court decided to defer bail hearing after an adjournment was sought on behalf of the Uttar Pradesh government.
"Additional Solicitor General (ASG) K.M. Natraj is in some personal difficulty. He is not in Delhi. The counter-affidavit has already been filed. He will address the court and the matter may be kept on coming Monday (September 9)," submitted a counsel appearing on behalf of the state government.
The same day, senior advocate Kapil Sibal, who appeared on behalf of Abbas Ansari, apprehended that his client may be booked afresh under the Gangsters Act to frustrate the possibility of his release on bail.
"All matters I am on bail. There are only two matters left. This (unlawful jail visit) matter and one pending before Justice M.M. Sundresh (seeking bail in a money laundering case). If I get bail in both cases, I will be arrested under the Gangsters Act. This will happen," he argued.
The senior counsel, on Friday, requested CJI DY Chandrachud to urgently list Abbas Ansari’s writ petition filed against the Gangster Act, along with the bail plea in the unlawful visit case.
At this, CJI Chandrachud assured Sibal that he would look into the email and pass the necessary order for listing.
Earlier in May, the Allahabad High Court had declined to grant bail to Abbas Ansari, considering his "profile and the background and family antecedents".
A bench of Justice Jaspreet Singh said: "The applicant is a Member of Legislative Assembly. He is a person who holds a responsible position and is a representative of the public. His conduct has to be of a higher standard, than other common persons of the society. The members of the Legislative Assembly are also the lawmakers and in juxtaposition, it is not appropriate that a lawmaker may be seen as a lawbreaker."
In February last year, Nikhat Bano visited her husband inside Chitrakoot jail and was found in possession of two mobile phones and Rs 21,000 cash along with 12 Saudi Riyals, during a raid conducted by the district administration.
She, among others, was arrested for "illegally meeting" her husband in jail, in contravention of prison rules. Abbas Ansari was subsequently transferred to Kasganj jail by the Uttar Pradesh government. In the case, the state police had also arrested prison officials who allegedly facilitated meetings between the husband and wife in exchange for cash.