"Worrisome": Apex Court Criticizes Allahabad HC Over Delay in Hearing Abbas Ansari's Plea; Orders Status Quo On Disputed Property
In a hearing today, the Supreme Court expressed concerns over the Allahabad High Court's delay in addressing a petition filed by Uttar Pradesh MLA Abbas Ansari, alleging non-compliance with the Court’s directive to prioritize his case.
The matter pertains to a disputed property where construction activities are ongoing despite the petitioner seeking interim relief.
The Bench of Justice Surya Kant and Justice Nongmeikapam Kotiswar Singh was hearing an application filed by Ansari.
Senior Advocate Kapil Sibal appeared for Ansari. He submitted that despite a Supreme Court's order for expeditious listing, the case had been adjourned six times without effective hearing. Sibal argued that other similarly situated petitioners had been granted interim protection, while Ansari's petition was ignored.
"Despite your lordships’ order to take it out of turn, see what has happened—six dates have gone by. Everybody else has received stays, but my client’s plot is being constructed upon. If High Courts do this, where does a citizen go?" Sibal contended.
Justice Surya Kant acknowledged the gravity of the situation, remarking, “Some High Courts, we don’t know what will happen. This [Allahabad High Court] is one of the High Courts which one should really be worrisome about.” He further noted systemic issues in the Court’s administration, stating, “Unfortunately, the filing has collapsed, the listing has collapsed. Nobody knows which matter will be listed.”
"I was there on last saturday, I had gone there; I had long interactions with some of the judges concerned and the registrar," Justice Surya Kant added.
The Court refrained from issuing a detailed opinion on the circumstances leading to the delay but emphasized the need for immediate remedial action. However, the Court ordered a status quo on the disputed property, preventing any further construction until the High Court adjudicates the matter.
"Instant application has been moved inter-alia alleging that after the order passed by this court, (Ansari's) writ petition has been listed on several occasions, but not effective hearing has taken place. Consequently, no interim protection has been granted to the petitioner...though all other similarly situated writ petitioners have been protected against dispossession/demolition/fresh construction at the disputed site. Since we have not issued notice and have not obtained any report from Registry of HC, we are not inclined to express any...," the Court noted.
The Bench directed the Allahabad High Court to hear Ansari’s writ petition at the earliest, ensuring its listing before an appropriate bench. "Matter shall be listed before the appropriate bench of the High Court at the earliest," the Court ordered.
The Court noted, “Since petitioner has alleged that authorities have commenced construction at the plot... we direct status quo at the site till the matter is heard by the High Court.”
In a related news, the Allahabad High Court on May 9, 2024, rejected Abbas Ansari’s bail application, stating that the explanation regarding funds did not “reflect credibility, especially from the applicant who is a sitting MLA and an elected representative of the people.” The Bench had considered the ‘family antecedents’ of the sitting MLA, including statements in the ECIR suggesting initial non-cooperation and evasion of summons until apprehended due to a lookout notice. During custody, Ansari claimed that he did not know where the alleged funds were coming from and simply stated that his family would arrange the funds whenever he needed them.
Earlier, in April 2024, the Apex Court had 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'.
Cause Title: Abbas Ansari v. State of Uttar Pradesh [MA 000061/2025]
