New Delhi, Sep 9 (IANS): The Supreme Court on Monday adjourned the hearing in Suheldev Bhartiya Samaj Party (SBSP) MLA Abbas Ansari’s plea against slapping of the stringent Gangster Act by the Uttar Pradesh Police.
A bench of Justices Surya Kant and Ujjal Bhuyan decided to adjourn the hearing after the state government’s counsel sought time to file a short affidavit.
The apex court posted the matter for hearing on September 17, along with the plea filed by Abbas Ansari, the elder son of late gangster-turned-politician Mukhtar Ansari, seeking bail in connection with an unlawful jail visit case.
Ansari, when lodged at Chitrakoot jail, was caught meeting his wife Nikhat illegally in the jail in connivance with prison officials.
Last week, the top court decided to defer the 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 for coming Monday (September 9)," submitted a counsel appearing on behalf of the UP 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.
"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 my client gets bail in both cases, he will be arrested under the Gangsters Act. This will happen," he had argued.
On Friday, the senior counsel requested CJI D.Y. Chandrachud to urgently list Abbas Ansari’s writ petition filed against the Gangster Act, along with the bail plea in the unlawful jail visit case.
At this, CJI Chandrachud assured Sibal that he would look into the email and pass the necessary order for listing both pleas together.
Earlier in May, the Allahabad High Court had declined to grant bail to Abbas Ansari, considering his "profile, 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 the 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.
The state police had also arrested prison officials who allegedly facilitated meetings between the husband and wife in exchange for cash.