Allahabad HC sets aside direction to grant superior class in jail to Mukhtar Ansari

Prayagraj: The Allahabad High Court on Wednesday set aside a March 15, 2022 order of the MP-MLA court in Ghazipur, directing the Banda district jail superintendent to grant a superior class to gangster-turned-politician Mukhtar Ansari in the jail.

Allowing a petition filed by the Uttar Pradesh government under section 482 of the Code of Criminal Procedure (CrPC), Justice Dinesh Kumar Singh said, “The accused opposite party (Ansari) is facing the trial for offences affecting the human body like murder, culpable homicide, attempt to murder etc. and if such a person is accused of such offences, he should not be recommended for a superior class.”

“The accused, Ansari, is a known gangster, a dreaded criminal and a ‘bahubali’. As many as 58 criminal cases have been registered against him. Considering the aforesaid facts and the legal position, I am of the view that the order impugned (under challenge) in the present petition is not only without jurisdiction but also unsustainable on merits. Therefore, the same is liable to be set aside,” the judge added.

The state government’s counsel had submitted that the trial court did not have the jurisdiction to pass the order as it only has recommendatory powers for the grant of a superior class to a prisoner and the final authority to grant or refuse such a prayer is vested in the state government.

He had further contended that Ansari, who has a long criminal history of heinous offences, is not entitled for a superior class in jail.