Allahabad HC Sets Aside Order Granting Superior Class In Jail To Mukhtar Ansari
The Allahabad High Court has set aside the Trial Court’s Order granting superior class in prison to accused and former MLA Mukhtar Ansari.
The Court observed that the order granting superior class in prison is not only without jurisdiction but also unsustainable on merits.
“…I am of the view that the order impugned in the present petition is not only without jurisdiction but also unsustainable on merits, therefore, the same is liable to be set aside.”, the bench of Justice Dinesh Kumar Singh observed.
Advocate Ratnendu Kumar Singh appeared for the State whereas Counsel Upendra Upadhyayay appeared for the accused.
The Trial Court had directed the Senior Superintendent of District Jail, Banda to grant superior class to accused-Mukhtar Ansari in case registered against him under Sections 307, 506 and 120-B IPC.
Under the Uttar Pradesh Jail Manual, criminal prisoners are categorised in two classes; (1) Superior; and (2) Ordinary.
The Court noted that in respect of a criminal prisoner, who is an accused before the court whether in trial, enquiry, appeal or revision, the High Court may recommend to the State Government and the Court of Sessions to the District Magistrate for admission of such prisoner to a superior class.
The Court further noted that the conditions for admission of prisoner specifically says that the superior class shall not be recommended ordinarily to a prisoner, who is accused of serious offences.
“…conditions for admission of prisoner as stated above are prescribed in Paragraph 258, which specifically says that the superior class shall not be recommended ordinarily to a prisoner, who is accused of serious offences mentioned in Chapter V-A, VI, VII and VIII. Section 161 ; Chapters XII, XV, XVI, XVII and XVIII of the Indian Penal Code...”, the Court noted.
The Court also observed that while considering the recommendation for providing superior class to a criminal prisoner, the State Government has to take into consideration facts such as Education of the criminal prisoner ; Character ; Criminal antecedents ; Nature of offence(s) committed and motive.
The Court observed that the accused- Mukhtar Ansari is the known gangster, a dreaded criminal and Bahubali.
Considering the aforesaid facts, the Court held that the order impugned is without jurisdiction and also unsustainable on merits.
Thus the Court set aside the Trial Court’s order.
Cause Title- State of U.P. v. Mukhtar Ansari