Allahabad HC sets aside Afzal Ansari's conviction, he can continue as MP

The Allahabad High Court on Monday, 29 July, set aside a Ghazipur court order sentencing Samajwadi Party (SP) MP Afzal Ansari to four years' imprisonment under the Gangsters Act over the murder of BJP MLA Krishnanand Rai in 2005.

With justice S.K. Singh allowing his plea against the conviction, the SP MP can now continue as a member of Parliament.

The court also dismissed pleas by the UP government and Piyush Kumar Rai, Krishnanand Rai's son, seeking enhancement of the Ghazipur MP's sentence.

An MP-MLA court in Ghazipur had on 29 April 2023, convicted Ansari and sentenced him to four years in jail and imposed a fine of Rs 1 lakh in the Gangsters Act case.

Following this, Ansari was disqualified as an MP. He then filed a criminal appeal before the high court.

According to the Representation of the People Act, any MP or state legislator sentenced to imprisonment of two years or more is disqualified "from the date of such conviction" and remains disqualified for another six years after serving time.

On 24 July 2023, the high court granted bail to the five-time MLA and two-time MP but declined to stay his conviction in the case. As a result, though Afzal Ansari was released from jail, his membership of Parliament was not restored.

However, later the Supreme Court stayed his conviction. His membership of Parliament was thus restored, and he also became eligible to contest the 2024 Lok Sabha election.

The apex court directed the high court to expedite the hearing of his appeal.

The high court's judgment was reserved on 4 July 2024.

Afzal’s brother Mukhtar Ansari died earlier in 2024.