Allahabad High Court Allows SP MP Afzal Ansari's Appeal Challenging Conviction In Gangster Act Case

The Allahabad High Court today ALLOWED the appeal of Samajwadi Party MP Afzal Ansari, who had moved the Court challenging his conviction in the Gangster Act case, in which the Ghazipur MP/MLA Court sentenced him to 4 years in prison. His conviction was linked to the 2005 murder of BJP MLA Krishnanand Rai.

With this, the Court has set aside the order and judgment of the Trial Court.

Justice Sanjay Kumar Singh pronounced the verdict today, days after reserving judgment In the matter. A detailed judgment is awaited.
The decision, in this case, holds profound implications for Ansari's political career. Ansari, who secured victory in Uttar Pradesh's Ghazipur constituency during the 2024 Lok Sabha elections on a Samajwadi Party ticket, would have been disqualified as an MP if the High Court had upheld his conviction.

Here, it may be noted that as per Article 102(1)(e) of the Indian Constitution, read with Section 8 of the Representation of People Act, 1951, an MP/MLA who has been convicted of any offence and sentenced to imprisonment for not less than two years shall be disqualified from the date of such conviction and shall continue to be disqualified for a further period of six years since his release.

It may further be noted that in May 2023, Ansari was disqualified as a Member of the Lok Sabha from the date of his conviction in the case; however, the Supreme Court, by a 2:1 majority, suspended his conviction in December last year, leading to the restoration of his Loksabha membership.

In its Judgment, the Top Court had clarified that Ansari shall not be disqualified to contest future election(s) during the pendency of his criminal appeal before the High Court and if he is elected, such election will be subject to the outcome of his Criminal Appeal before the HC.