While allowing a petition filed by the Uttar Pradesh government, the Allahabad high court on Wednesday set aside an order, dated March 15, 2022, passed by a special judge of the Ghazipur MP/MLA court, whereby a direction was issued to the superintendent of Banda district jail to grant the ‘superior class’ category to mafia-turned-politician Mukhtar Ansari. Ansari is presently lodged in the Banda jail.
A ‘superior class‘ prisoner gets certain privileges/facilities inside a jail.
Allowing the petition filed by the government, Justice Dinesh Kumar Singh observed that Ansari was facing trial for offences under Chapter XVI (offences affecting the human body such as murder, culpable homicide, attempt to murder, etc.), and “if a person is accused of offences under Chapter XVI, ordinarily he should not be recommended for superior class”.
“The accused/opposite party, Mukhtar Ansari, is a known gangster, a dreaded criminal and 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 impugned (under challenge) order in the present petition is not only without jurisdiction but also unsustainable on merits. Therefore, the same is liable to be set aside,” the court observed.
The counsel who appeared on behalf of the petitioner--the state of Uttar Pradesh, earlier submitted that the order passed by the trial court was without jurisdiction inasmuch as the court had only recommendatory power for grant of superior class to a prisoner and the final authority to grant or refuse the superior class was vested in the state government as the case may be. He further submitted that considering the long criminal history of Ansari, the latter was not entitled for superior class.
{{/usCountry}}The counsel who appeared on behalf of the petitioner--the state of Uttar Pradesh, earlier submitted that the order passed by the trial court was without jurisdiction inasmuch as the court had only recommendatory power for grant of superior class to a prisoner and the final authority to grant or refuse the superior class was vested in the state government as the case may be. He further submitted that considering the long criminal history of Ansari, the latter was not entitled for superior class.
{{/usCountry}}With Ansari being named as an accused in offences under Chapter-XVI of the IPC, he is not entitled for the grant of superior class inasmuch paragraph 258 of UP Jail Manual 2022 bars... the counsel had argued.