The Supreme Court has allowed a plea filed by MLA Abbas Ansari, currently in jail, seeking permission to attend a 'fatiha' or special prayers scheduled for April 10 following the demise of his father, Mukhtar Ansari, the gangster-turned-politician.

Mukhtar Ansari passed away due to cardiac arrest at a hospital in Banda, Uttar Pradesh, on March 28. Abbas Ansari, who is in judicial custody in connection with a criminal case, had approached the Apex Court seeking permission to participate in his father's 'fatiha'.

During the hearing today, Senior Advocate Kapil Sibal appeared for Ansari . Sibal contended, "I request you to give us 4 days ad-interim so he can go and be with family." He submitted that the Fatiha is on April 10. The Senior Counsel contended that Ansari is currently 600 km away from Ghazipur, where the prayer is scheduled, time will be needed to travel.

Additional Advocate General (AAG) Garima Prasad, appearing for the State of UP vehemently opposed the plea and submitted, "There is one preliminary objection. Prayer is seeking interim bail in 4 FIRs. FIRs are not on record, there is a speaking Trial Court order rejecting bail. He is a gangster." "It was a severe law and order situation, at the funeral," the AAG submitted.

The Bench of Justice Surya Kant and Justice KV Viswanathan noted that the Petitioner could not attend his father's funeral rites as he was in judicial custody.

"We see no reason to deny the Petitioner to attend the Fatiha that is scheduled for tomorrow...We deem it appropriate to issue the following guidelines," the Court ordered.

The Court directed to start his travel today at the earliest and not later than 5 pm. "After the rituals are over tomorrow, the Petitioner may be shifted to the local jail in Ghazipur...the Petitioner may be allowed to participate in the rituals after April 11, 2024, in judicial custody," the Court directed.

"Ensure no weapons etc are carried by anyone at the Fatiha or the Petitioner's residence," it added.

Accordingly, the Court granted Abbas Ansari permission to attend the Fatiha of his late father.

Mukhtar Ansari, a five-time MLA from Mau Sadar constituency, was laid to rest in Ghazipur on March 30 amidst tight security arrangements, with a large crowd participating in the funeral procession. With over 60 criminal cases against him, the 63-year-old had been incarcerated in Uttar Pradesh and Punjab since 2005. He passed away at Rani Durgawati Medical College on March 28 night after being transferred from Banda jail due to deteriorating health conditions.

Pertinently, on April 4, the Court had issued notice in Ansari's plea. "Issue notice, returnable on 09.04.2024," the Bench had ordered.

While issuing notice, the Court had noted, "Learned counsel for the petitioner, at the outset, states that since the funeral rites of the petitioner’s father are already over, the petitioner wishes to amend the Writ Petition so as to enable him to attend the Fatiha scheduled to be held on 10.04.2024."

Cause Title: Abbas Ansari v. The State of Uttar Pradesh [Diary No. 14377-2024]

Justice Surya KantMukhtar AnsariJustice KV Viswanathan

Sukriti Mishra