The lower house of the Indian Parliament, the Lok Sabha, secretariat revoked Thursday the disqualification of opposition leader Afjal Ansari after he secured a suspension of his conviction under charges of the Uttar Pradesh state’s Gangster Act from the Indian Supreme Court. Afjal Ansari is a member of Parliament (MP) from the Ghazipur Constituency of Uttar Pradesh state and a leader of the political party of Bahujan Samaj Party (BSP).
The secretariat, in a notification, stated that following the Supreme Court’s order on December 14, 2023, which suspended the conviction of Ansari. It further noted that the earlier disqualification under Article 102(1)(e) of the Constitution and Section 8 of the Representation of the People Act, 1951 is no longer in effect. However, the cessation is subject to conditions imposed by the Supreme Court and subsequent judicial decisions.
The Supreme Court, in its judgment, suspended Ansari’s conviction under specific conditions. These conditions included the prohibition of notifying Ansari’s Ghazipur Parliamentary Constituency for a bye-election until the appellant’s criminal appeal was decided by the High Court. While the appellant was barred from participating in parliamentary proceedings, voting and receiving perks, he was not disqualified from contesting future elections during the appeal’s pendency. The High Court was directed to expedite the criminal appeal, with a deadline of June 30. The Registrar General was instructed to present the order to the chief justice for immediate listing and out-of-turn hearing of the appeal. Non-cooperation could have led to the variance of the order. The court emphasised that no opinion on the case’s merits had been expressed, leaving the decision to the High Court.
Ansari, a prominent public figure with a history of serving in legislative bodies, faced recent disqualification due to a trial court judgment. The cases against him trace back to an anonymous tip in 2007, which led to the registration of a new case and subsequent cases involving accusations ranging from election conduct violations to criminal activities. Notably, his disqualification stemmed from a conviction under the UP Gangsters Act, resulting in Lok Sabha disqualification and a subsequent appeal to the High Court. The High Court partially allowed the appeal, granting bail and staying the sentence but declining to stay the conviction. Ansari then appealed to the Supreme Court against his conviction.
The Uttar Pradesh Gangsters and Anti-Social Activities (Prevention) Act, 1986, is a legislative framework created by the Uttar Pradesh Legislature to address the growing concern of gang-related criminal activities and anti-social behavior within the state. This law is designed to provide specialized measures for preventing and tackling the activities of gangs and individuals involved in anti-social behavior. The key objectives of the act include the identification, prevention, and effective handling of gang-related and anti-social activities. The legislation empowers law enforcement agencies with specific tools and provisions to curb the influence and operations of such groups, ensuring the safety and security of the public.
