UP’s disqualified MLA Abbas Ansari gets reprieve from Allahabad HC in hate speech case

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UP's disqualified MLA Abbas Ansari gets reprieve from Allahabad HC in hate speech case



The incident which led to Ansari’s two-year jail term dates back to March 3, 2022, when he, during a campaign rally at Pahadpur Ground in Mau, had allegedly said: “Those wielding batons today will be held accountable later. I have spoken to future Chief Minister and Samajwadi Party chief Akhilesh Bhaiyya. There will be no transfers or postings for six months after the government is formed. Everyone will have to answer for what they’ve done.” Following the remarks, the Election Commission had imposed a 24-hour campaign ban on him. On April 4, 2022, based on a complaint by then Sub-Inspector Gangaram Bind, an FIR was registered at the City Kotwali police station. Abbas Ansari, his younger brother Umar Ansari, election agent Mansoor, and 150 unidentified individuals were booked. Ansari was booked under Sections 506 (criminal intimidation), 171F (undue influence in elections), 186 (obstructing public servant), 89 (threatening public servant), 53A (promoting enmity), and 120B (criminal conspiracy) of the IPC. After getting two-year sentence from the Mau MP/MLA court, Ansari moved the Allahabad High Court against the Sessions Court order, filing a revision petition. On July 30, 2025, the bench of Justice Sameer Jain reserved its verdict after hearing arguments, eventually granting relief to the accused on August 20 and restoring his legislative position. Ansari’s counsel argued that under the Representation of the People Act, his membership should not have been terminated without exhaustion of appellate remedies. The Representation of the People Act mandates immediate disqualification upon conviction with a sentence of two years or more. Earlier, MPs and MLAs enjoyed a three-month cushion under Section 8(4), but this was struck down by the Supreme Court in the 2013 Lily Thomas vs Union of India judgment.



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