New Delhi: The Supreme Court on Tuesday allowed MLA Abbas Ansari who is presently in jail to attend the 'Fatiha' ceremony of his Late father Mukhtar Ansari.
A Bench comprising Justice Surya Kant and Justice KV Viswanathan, granted the permission to Abbas Ansari to attend the Fatiha of his father scheduled for April 10 but imposed stringent conditions for it.
Mukhtar Ansari passed away on March 28 due to cardiac arrest at a hospital in Banda, Uttar Pradesh. He was in Judicial Custody and was hospitalized for health issues where he died due to cardiac arrest.
Mukhtar Ansari, a five-time MLA from Mau Sadar constituency, was laid to rest in Ghazipur on March 30 amidst tight security arrangements, with a large crowd participating in the funeral procession.
Mukhtar Ansari had over 60 criminal cases against him, the 63-year-old had been in custody in Uttar Pradesh jail and Punjab jail since 2005.
His son Abbas Ansari could not attend the last rites of his father as he is also in judicial custody in connection with a criminal case.
He approached the Apex Court on Tuesday seeking permission to participate in his father's 'Fatiha'. During the hearing on Tuesday, Senior Advocate Kapil Sibal appeared for Ansari and requested for 4 days of ad-interim bail so he could go and be with his family.
Sibal submitted that the Fatiha is on April 10 and that Ansari is currently 600 km away from Ghazipur, where the prayer is scheduled, time will be needed to travel, Sibal argued.
Additional Advocate General (AAG) Garima Prasad, appearing for the State of UP, however, opposed the plea saying that Ansari is seeking interim bail in 4 FIRs.
The FIRs are not on record, there is a speaking Trial Court order rejecting the bail, Prasad said.
He is a gangster." "There was a severe law and order situation, at the funeral," the AAG submitted.
The Bench of Justice Surya Kant and Justice KV Viswanathan noted that the Petitioner could not attend his father's funeral rites earlier as he was in judicial custody.
The Bench held, "We see no reason to deny the Petitioner to attend the Fatiha that is scheduled for Wednesday...We deem it appropriate to issue the following guidelines," the Court said.
The Court directed that Ansari can leave today at the earliest and not later than 5 PM. "After the rituals are over tomorrow, the Petitioner may be shifted to the local jail in Ghazipur...the Petitioner may be allowed to participate in the rituals after April 11, 2024, in judicial custody," the Court directed.
The Court further directed that the police should ensure that no weapons etc are carried by anyone at the Fatiha or the Petitioner's residence.
The Apex Court permitted Abbas Ansari to attend the Fatiha of his late father under judicial custody and amid high security.
