Last Updated: January 19, 2023, 16:58 IST
In a plea filed by the Uttar Pradesh authorities, the Allahabad High Court lately put aside the order of a Ghazipur Court granting ‘superior class’ to Mukhtar Ansari — former MLA from Mau constituency — in Banda’s district jail.
While passing the order, the only choose bench of Justice Dinesh Kumar Singh noticed that Ansari is a recognized gangster, a dreaded felony and ‘bahubali’ who has a felony historical past of 58 instances.
The plea was moved by the state authorities assailing the order of the Special Judge, MP/MLA Court, Ghazipur, in a 2009 case registered underneath Sections 307, 506 and 120-B IPC.
The Special Judge had allowed the ‘superior class’ to Ansari in jail contemplating the supply of Section 287 of the Uttar Pradesh Jail Manual.
Under the Uttar Pradesh Jail Manual, felony prisoners are categorised in two lessons; (1) Superior; and (2) Ordinary. The handbook additionally gives that the excessive courtroom might suggest to the state authorities and a courtroom of session to the district Justice of the Peace for a felony prisoner’s admission to superior class.
The counsel for the state argued that in the current case, the trial courtroom went past its jurisdiction because it has solely ‘recommendatory power’ for grant of superior class to a prisoner and the ultimate authority to grant or refuse the superior class is vested in the state authorities.
He additionally asserted that as per the jail handbook, whereas contemplating the advice for offering superior class to a felony prisoner, the state authorities has to think about the details which embody the prisoner’s schooling, character, felony antecedents and the character of offence dedicated.
The state counsel contended that in Ansari’s case, he isn’t entitled to be categorised as ‘superior class’ in view of his lengthy felony historical past of heinous offences.
Considering the aforesaid details and the authorized place, the only choose bench opined that the order of the trial courtroom was certainly not solely with out jurisdiction but additionally unsustainable on deserves. Accordingly, the courtroom set it apart.
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