Allahabad HC's Justice Gupta recuses from ex-MLA Ansari's plea to quash case by UP Police

In a key development in the Allahabad High Court, on Wednesday Justice Rajiv Gupta recused himself from hearing a petition filed by former MLA from Uttar Pradesh Mukhtar Ansari seeking directions to quash a chargesheet filed against him by UP Police. Ansari is currently serving his jail term.

The chargesheet relates to a case of misappropriation of assets in MLA Funds between the years 2012 and 2013. Ansari is presently lodged in Banda jail.

"The case stands released. Put up before another Bench after seeking nomination from the Hon'ble The Chief Justice/Senior Judge, if possible on 02.05.2022 as fresh, showing the name of Sri Ratnendu Kumar Singh as counsel for the State," the bench noted as the hearing of the case commenced.

Ansari was an MLA from the Mau Sadar constituency from the year 1996 to March 2022, and couldn't contest the preceding Uttar Pradesh Assembly elections. One of these cases was filed under the Gangsters' and Anti-Social Activities (Prevention) Act and is pending in Azamgarh, and another case related to the alleged misuse of Vidhayak Nidhi (MLA's funds) is pending.

Facts of the case against former MLA Mukhtar Ansari

In a 2021 FIR registered against Ansari, he has been alleged to have allocated a sum of Rs 25 lakhs from the official MLA Funds to a school from 2012-2014, however, a probe revealed that the capital was not utilised for the purposes of the said school. Also, it was brought to the fore that the other accused in the case did not utilise the MLA Funds for the construction of the said school.

Ansari, in the current plea, has appealed to the High Court against the chargesheet, stating that his only role in the case is that he proposed to utilise the fund for the school in concern.

Further, the plea contends that Ansari was neither entrusted with the school property nor did he release funds fraudulently. In fact, according to the plea, he submitted that the District Administration released the sum only after a legitimate enquiry and that he has been tainted with these allegations in two cases owing to his political stature.

Justice Gupta of the Allahabad HC passed the orders in two petitions presented before him. On April 18, he released the case relating to the alleged misuse of MLA Funds and in the second order passed on April 20, he released Ansari's case under the Gangsters' and Anti-Social Activities (Prevention) Act.