The Delhi High Court on Monday set aside a trial court order granting custody parole to MLA Mukhtar Ansari for canvassing in the Uttar Pradesh Assembly elections.
Justice Mukta Gupta allowed the Election Commission’s (EC’s) plea seeking the cancellation of Mr. Ansari’s parole.
“The petition is allowed,” the court said.
Mr. Ansari, who recently joined the Bahujan Samaj Party (BSP) to contest from Mau Assembly seat, was given custody parole till March 4 by the trial court.
The High Court, however, on February 17 stayed its operation after the ECl moved a plea seeking the cancellation of his parole on the ground that he may influence witnesses in the 2005 murder case of BJP MLA Krishnanand Rai, in which he is facing trial.
Later, the State of Uttar Pradesh, the prosecuting agency and the complainant in the case, also moved the High Court, opposing Mr. Ansari’s release from jail in Lucknow.
However, their contention was opposed by Mr. Ansari’s counsel, who said the Election Commission’s claims were baseless and it was not the ground to restrict his movement in his constituency from where he is contesting, as none of the witnesses are from there.
Senior advocates Salman Khurshid and Sudhir Nandrajog, appearing Mr. Ansari, said that only in an extraordinary situation, the EC can come to court.
“Participation of candidates in free and fair election is also a basic structure of the Constitution,” counsel submitted.
They contended that Mr. Ansari was elected from the Mau constituency for a record four times and he was willing to give an undertaking to the court that he would not violate its order.
This was strongly opposed by the EC, which was represented by senior advocate Dayan Krishnan, who said that the release of the accused would have a direct impact on the conduct of free and fair election in the Mau constituency.
The EC further submitted that the judgment of this court would have far-reaching consequences on its power.
“We have material to oppose the parole,” Mr. Krishnan argued.
The trial court had on February 16 granted him custody parole.
The accused, while seeking the relief, had told the trial court that he has been in judicial custody since December 2005 and was granted parole to contest polls earlier too.
Mr. Ansari has over 40 criminal cases against him, including that of murder and kidnapping.
