Allahabad High Court sentences Mukhtar Ansari to 7 years in prison for abusing, pointing gun at jailer

The Lucknow Bench of the Allahabad High Court on Wednesday sentenced Bahujan Samaj Party (BSP) Member of Legislative Assembly (MLA) Mukhtar Ansari to seven years' imprisonment for intimidating a jailer by abusing, pointing a pistol at him and threatening to kill him in 2003. [State of UP v. Mukhtar Ansari].Justice Dinesh Kumar Singh set aside a 2020 order passed by the Special Judge, MP/MLA cases acquitting Ansari of the charges, on the ground that it had completely ignored the evidence of the jailor given in examination-in-chief and had only considered his cross examination. ."The approach of the trial Court is palpably erroneous and against the well settled legal position as discussed above. The impugned judgment and order passed by the learned Trial court is unsustainable," the Court held..The Court noted that Ansari intimidated the complainant jailer, who was performing a public duty, by abusing him, pointing a revolver/pistol towards him and threatening to kill him.."It would have invoked excitement inside the jail likely to create breach of peace, tumult and disorder inside the jail in discharge of public duties by the jail staff," the Court added..As per the prosecution case, the complainant jailer SK Awasthi was posted at the District Jail, Lucknow in the year 2003. On April 23, 2003, some persons came to meet Ansari in jail. When the jailer refused to allow them to meet Ansari, the MLA came to the jailer's office and allegedly took exception to the same. Ansari even threatened to get the jailer killed and abused him. He then took a revolver from one of the persons who had come to visit him and pointed it towards the jailer, it was claimed..A First Information Report (FIR) was subsequently lodged against Ansari, after which a chargesheet was filed under various sections of the Indian Penal Code, including criminal intimidation..After the trial court had acquitted Ansari, the State moved the present appeal..Before the High Court, counsel for the State contended that Ansari was the biggest bahubali of the State, facing several dozens of cases involving heinous offences. His name strikes fear and terror in the hearts and minds of the general public, and even in government officials, it was claimed..The counsel further pointed out that an earlier jailer was killed in broad daylight near Governor House, Lucknow allegedly at the behest of Ansari and other accused..The examination of the jailer was concluded in 2003. However, Ansari's counsel did not cross-examine him on that day. Thereafter, in 2014, the jailer was recalled as a witness. This time, he fully supported the prosecution case, stating that he was won over by Ansari earlier, and that the evidence given in his cross-examination was out of fear for the security of his family.."There is no legal bar for conviction upon the testimony of hostile witness, given in examination-in-chief, if it is corroborated by other reliable evidence," the Court said in this context, referring to a number of judgments on the issue..From the evidence on record, it is proved that Ansari took a pistol/revolver from a visitor and pointed it towards the jailer and threatened to kill him, the Bench noted..It thus held,"The accused-respondent is convicted for offences under Sections 353, 504, 506 IPC. He is sentenced for offence under Section 353 IPC to undergo rigorous imprisonment for 2 years with fine of Rs.10,000/-. For offence under Section 504 IPC, he is sentenced to undergo rigorous imprisonment for 2 years with fine of Rs.2,000/-. For offence under Section 506 IPC, the accused is sentenced to undergo rigorous imprisonment for 7 years with fine of Rs.25,000/-. All the sentences would run concurrently.".State was represented by advocate UC Verma while accused was represented by advocates Abhishek Misra, Karunesh Singh and Satendra Kumar (Singh)..[Read Order]