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The Allahabad High Court on Tuesday stayed the arrest of Uttar Pradesh MLA Abbas Ansari, the son of Mukhtar Ansari, in the case registered over his objectionable statements during the State Assembly elections on March 3, 2022.

The bench of Justice Sunita Agarwal and Justice Vikas Kunvar Srivastav passed the order on a writ petition moved by Ansari seeking direction from the court to quash the First Information Report lodged on March 4, 2022, in this case. The case was registered under Sections 171F (Punishment for undue influence or personation at an election) and 506 (Punishment for criminal intimidation) of the Indian Penal Code.

Ansari's counsel argued that the offence under Section 171F is non-cognizable and Section 506 was added as a consequence of this section, however, it had come to the knowledge of Ansari and other accused that the local police is trying to arrest them and for that purpose, the offence under Section 153A IPC was added later on to ensure the arrests. 

He asserted that Ansari is apprehending immediate arrest and as Ansari is now an elected MLA therefore, through this case he is being targeted not to allow him to take the oath of the office.

He further apprised the court that though on the very next day the Election Commission of India took note of Ansari's statement made during a political rally and passed an order in this regard, at no point of time, the ECI issued any direction or recommendation for lodging of the criminal case against him and other accused. 

The Election Commission of India, exercising powers under Article 324 of the Constitution of India, had passed an order dated March 4, 2022 censoring Ansari for violation of the Model Code of Conduct and prohibiting him from holding any public meetings, public processions, public rallies, road shows and interviews and public utterances in media (electronic, print, social medial) etc. in connection with the then-ongoing elections for 24 hours.

Hearing the arguments raised, Court concluded, "Be that as it may, looking to the material on record and the submissions of the learned counsel for the petitioners, we find it a fit case to entertain at this stage."

Therefore, seeking counter affidavits from the respondents within a period of three weeks and posting the matter on April 27, 2022, for further hearing, Court ordered, "Till the next date of listing, the petitioners shall not be arrested. They shall, however, be under obligation to cooperate in the investigation."

Court also added that in case of any act of the petitioners of non-cooperation in the ongoing investigation, it would be open for the respondents to approach this Court for vacation of this interim order.

Case Title: Abbas Ansari And Another v. State Of U.P. And 4 Others