NEW DELHI: The Supreme Court on Thursday suspended the conviction of former BSP MP Afzal Ansari in a 2007 Gangsters Act case, paving the way for restoration of his membership of Parliament.
Ansari was convicted and sentenced to four years’ imprisonment by a special Ghazipur court in April. He was convicted under Uttar Pradesh Gangsters and Anti-Social Activities (Prevention) Act case from 2007.
A bench of Justices Surya Kant, Dipankar Datta and Ujjal Bhuyan in a majority verdict said that Ansari, a former MP from the Ghazipur constituency of Uttar Pradesh can attend the proceedings of House but will not cast his vote in the Lok Sabha and also he could not draw any perks.
Granting relief to Ansari, the bench said that the court has to balance the interests of protecting the integrity of the electoral process on one hand, while also ensuring that constituents are not bereft of their right to be represented, merely consequent to a threshold opinion, which is open to further judicial scrutiny.
The court said while the pending appeal raises significant legal and factual issues, it is exigent that the Appellant’s future not be left hanging in the balance solely due to the said conviction.
The apex court also directed the Allahabad HC to dispose of Ansari’s appeal against his conviction and sentence by June 30, 2024. In a minority verdict, Justice Datta said he differed with the majority verdict and dismissed Ansari’s plea for stay of conviction.