The parole - sought on the grounds that Ansari wished to campaign in his constituency in Mau, Uttar Pradesh (UP) was challenged by the Election Commission of India (ECI)
The Delhi High Court today canceled BSP MLA Mukhtar Ansari's parole that was granted to him by a trial court. The parole - sought on the grounds that Ansari wished to campaign in his constituency in Mau, Uttar Pradesh (UP) was challenged by the Election Commission of India (ECI), the state of Uttar Pradesh.
The high court's order comes as a serious blow to the Bahujan Samaj Party, (BSP) who are in the midst of the UP elections.
Justice Mukta Gupta said, "When a person in custody fills up a nomination for candidature, he does not get a vested right to be released for canvassing." She further added that Ansari's release till March 4, from 7am to 8pm, was "akin to a temporary bail."
Setting aside the lower court order, the high court said, "The Trial Court ought to have taken into account the criminal antecedents of the respondent No.1 (Ansari) and its likely impact on a free and fair election. The very fact that the custody parole has been sought with eight security guards and granted, the same would be sufficient to overawe the electorate."
Ansari, a four time MLA from Mau was given custody parole by a trial court on February 16 till March 4, enabling him to campaign in the ongoing election. However, when the ECI approached the high court the next day, submitting that he would take advantage of his release and influence witnesses, the order was stayed.
Mau goes to the polls on March 4 during the second last phase of the UP elections.
Ansari is currently facing trial for allegedly murdering BJP MLA Krishnanand Rai in 2005. He has been lodged in a Lucknow jail ever since. Apart from this trial, Ansari is involved in at least 40 other cases including kidnapping.
Hours after the High Court order was announced, BJP leader Amit Shah hit out at Mayawati on her promise to end "goonda raj" in the state. "Mayawati says she will end goonda raj. But BSP candidates' posters prominently bear the photographs of Mukhtar Ansari and Afzal Ansari," Shah said.
In 2005, Rai and six supporters were allegedly killed by Ansari. Rai' widow Alka petitioned, and got, the case transferred to Delhi stating that Ansari would influence witnesses thereby hampering a free and fair trial.
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