Legal Victory: SC Grants Ansari Access to Father’s Fatiha

In the realm of jurisprudence, the Apex Court, situated in New Delhi, sanctioned MLA Abbas Ansari, currently incarcerated, to partake in the solemn observance of fatiha or ceremonial prayers, slated for April 10, in commemoration of the demise of his progenitor, Mukhtar Ansari. Additionally, the court granted him the privilege to convene with his kinfolk on April 11 and 12, albeit under the vigilance of law enforcement personnel.

Advocate Garima Prasad, representing the Uttar Pradesh government, vehemently contested Ansari’s entreaty before a judicial bench, presided over by Justices Surya Kant and K V Viswanathan. Prasad contended that Ansari, ensnared for egregious transgressions, lacked legitimate grounds for furlough and that the state had no intelligence regarding any scheduled rites on April 10.

In rebuttal, Senior Counsel Kapil Sibal, advocating for Ansari, implored the court to grant his client interim reprieve to attend the familial bereavement, elucidating the unique circumstances surrounding his father’s demise.

Prasad, steadfast in her opposition to Ansari’s plea for temporary release, maintained that no ceremonies were slated for the imminent days. She underscored Ansari’s designation as a history sheeter and cited his transfer from Chitrakoot jail to Kasganj jail due to his purported leadership of a faction within the former.

Justice Viswanathan, interjecting during the proceedings, underscored the obligation of the state to proffer security measures, rather than outright denial of Ansari’s petition.

In its verdict, the bench delineated that Ansari, notwithstanding his custodial status, should be afforded the opportunity to partake in the impending fatiha observance, with provisions for police escort and stringent security measures. Subsequently, he would be temporarily relocated to Ghazipur jail following the conclusion of the ritual.

The court further directed law enforcement agencies to ensure thorough screening of visitors and prohibition of weapons at both Ansari’s ancestral abode and the site of the ritual. Ansari was instructed to return to Kasganj jail on April 13, 2024.

The demise of Mukhtar Ansari, a prominent figure straddling the spheres of criminality and politics, transpired on March 28 due to cardiac arrest at a medical facility in Banda, Uttar Pradesh. This event spurred Abbas Ansari, ensnared in the clutches of the law in connection to a criminal case, to petition the apex court for permission to partake in the final rites of his progenitor.