We Have To Keep In Mind Your Safety Also: Supreme Court Asks Abbas Ansari To Schedule Non-Religious Ceremony For His Late Father After June 4

Mukhtar Ansari passed away due to cardiac arrest at a hospital in Banda, Uttar Pradesh, on March 28. Abbas Ansari, is in judicial custody in connection with a criminal case. Pertinently, on Tuesday, the Court as an interim measure had permitted Ansari to participate in a religious ceremony marking the 40th day of his late father's death via video conference.

Taking note of the fact that General Elections are going on and the police authorities are busy on duty there, the Bench of Justice Surya Kant and Justice KV Viswanathan asked Ansari to file a fresh Application seeking permission to attend the ceremony after June 4. The Bench remarked, "We have to keep in mind your safety also."

During the hearing today, Advocate Lazafeer Ahmad appeared for Ansari. At the outset, he passed a note to the Court and informed them of a small intimate ceremony with just the family, relatives and close friends on May 15. "The dates are such that the journey doesn't fall on a polling date, because the polling is on May 13 and then May 20," he submitted.

Justice Kant asked Ahmad whether it is a prescribed ritual.

To this, Ahmad contended, "I'll be very clear. It is not a prescribed ritual. It is a ritual we are organizing on a convenient date because he (Abbas Ansari) has missed all the rituals."

Justice Kant suggested Ahmed to schedule the intimate ceremony after June 4, when the General election is over, as most of the police authorities are busy with the election.

"We have to keep in mind your safety also," Justice Kant said.

On being asked by the Bench whether yesterday he attended the ceremony through video- conference, the Counsel responded, "The presence at the grave is required so, online presence is not meaningful. We didn't bother the State, we informed them that we are not willing to use that opportunity."

The Counsel appearing for the State of UP clarified, "The State had facilitated it yesterday, we received a call that they wish to not participate."

"That's ok, you have done your job," Justice Kant said.

The Counsel for the State expressed his concern about the ceremony not falling under any of the rituals. He further submitted that Ansari is seeking to stay at home for 3-days. "The State machinery has difficulty maintaining police custody. When he is staying at home. Last time, we had facilitated him to go home and spend few hours," he contended.

The Bench said that then it might have to grant Interim Bail to Ansari. The Court suggested the Counsel for Ansari to file a fresh Application with a new date for the ceremony and scheduled the matter for hearing next week on May 15.

On May 7, the Bench had ordered, "As an interim measure, it is directed that the petitioner shall be permitted to join the 40th day ritual of his deceased father through online mode for which the State Government/Jail Authorities are directed to make necessary arrangements forthwith."

Last Month, Ansari had approached the Apex Court seeking permission to participate in his father's 'fatiha'. The Court had granted him permission to attend the fatiha, imposing stringent conditions. However, Ansari's bail plea in a separate case was denied by the Allahabad High Court on May 1, citing the pending examination of key witnesses and policemen involved.

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. With over 60 criminal cases against him, the 63-year-old had been incarcerated in Uttar Pradesh and Punjab since 2005. He passed away at Rani Durgawati Medical College on March 28, 2024, after being transferred from Banda jail due to deteriorating health conditions.

Cause Title: Abbas Ansari v. The State of Uttar Pradesh and Anr. [Writ Petition(s)(Criminal) No(s).208/2024]