The Allahabad High Court on Monday overturned a Ghazipur court's ruling that had sentenced Samajwadi Party MP Afzal Ansari to four years of imprisonment under the Gangsters Act in a case related to the 2005 murder of BJP MLA Krishnanand Rai.

Justice S.K. Singh, who presided over the case, accepted Ansari's appeal against the conviction, enabling the Samajwadi Party's Member of Parliament to continue his tenure in Parliament. The court also dismissed pleas by the Uttar Pradesh Government and Piyush Kumar Rai, Krishnanand Rai's son, which sought enhancement of the Ghazipur MP's sentence under the Gangsters Act.

The court noted that Ansari had previously been acquitted in the 2005 "base case,"  where he was accused of conspiracy. This acquittal preceded the charges framed under Section 3(1) of the Gangsters Act on September 23, 2022. The court emphasized that the acquittal in the "base case" is currently under criminal appeal in the Delhi High Court and refrained from commenting on it.

"This Court is of the view that the prosecution could not prove its case and charges under Section 3(1) of the Uttar Pradesh Gangsters and Anti Social Activities (Prevention) Act, 1986, against the appellant beyond reasonable doubt. Since appellant Afjal Ansari has been acquitted in base Case Crime No. 589 of 2005 by the trial Court at Delhi vide judgment and order dated 03.07.2019, therefore on this ground also he is liable to be acquitted in the light of judgment dated 19.02.2024 of the Hon’ble Supreme Court in the matter of Farhana (supra), which has retrospective effect," the high court held.

In its decision to set aside the Ghazipur court's order, the high court stated that the prosecution failed to prove the charges against Ansari beyond a reasonable doubt. The court also noted that the trial judge seemed influenced by the observations from the trial court in Delhi, where many prosecution witnesses displayed a hostile attitude.

On April 29, 2023, a 'Members of Parliament and Members of Legislative Assemblies' Special Court in Ghazipur convicted Ansari, sentencing him to four years in jail and imposing a fine of Rs. 1,00,000 under the Gangsters Act. Consequently, Ansari was disqualified as an MP and subsequently filed a criminal appeal before the Hon'ble High Court.

According to the Representation of the People Act, any MP or state legislator sentenced to imprisonment of two years or more is disqualified from the date of such conviction and remains disqualified for an additional six years after serving the sentence. On July 24, 2023, the high court granted bail to Ansari but did not stay his conviction, leaving his parliamentary membership in limbo.

The Hon'ble Supreme Court later stayed his conviction, restoring his parliamentary membership and eligibility to contest the 2024 Lok Sabha elections. The Hon'ble Court also instructed the High Court to expedite the hearing of his appeal and reserved its judgment for July 4 this year.

Case Name: Afjal Ansari v. State of U.P., Criminal Appeal No. 5295 of 2023, Allahbad High Court