HC stays conviction of Abbas Ansari in 2022 hate speech case

Prayagraj, Aug 20 (PTI) The Allahabad High Court on Wednesday stayed the conviction of Abbas Ansari, the son of mafia-turned-politician Mukhtar Ansari, in a 2022 hate speech case, observing that refusal to do so will amount to injustice not only to him but to the electorate.

A Chief Judicial Magistrate court in Mau had on May 31, 2025, convicted and sentenced Abbas Ansari to two years rigorous imprisonment, following which he lost his membership of Uttar Pradesh Assembly. He was elected MLA from Mau assembly seat from Suheldev Bhartiya Samaj Party (SBSP) in 2022.

Ansari approached the Additional Sessions Judge (MP-MLA court) for a stay, but it had on July 5, 2025 rejected his application following which he had approached the high court.

In a major relief for Ansari, Justice Sameer Jain on Wednesday set aside the July 5 order passed by the appellate court at Mau, where Ansari's appeal against conviction and sentence is still pending.

Although being MLA, he should have restrained himself, but merely for delivering such a speech, refusal to stay his conviction amounts to injustice not only to him but also to the electorate who elected him, the high court observed, adding that there will be far reaching consequences for him as he will remain disqualified from contesting also if the stay is not granted.

According to the counsel for Abbas Ansari, the stay of conviction order by the high court will help in the restoration of his membership of the UP assembly. Ansari was elected MLA from the Mau assembly seat from the Suheldev Bhartiya Samaj Party (SBSP) in 2022.

Section 8 of the Representation of the People Act, 1951 deals with disqualification of elected representatives upon conviction for certain offenses.

Staying the conviction, the high court observed, " Revisionist was a public representative and was a sitting MLA and at the time of election he was delivering the speech and although being MLA, he should restraint himself but merely on delivering such speech (details of which have already been given in preceding paras) refusal to stay his conviction in view of this Court amounts to injustice not only to the revisionist but also to the electorate who elected him." "It appears, while refusing the prayer to stay the conviction, the appellate court did not consider this aspect.

"Not suspending the conviction order of the revisionist indicates far-reaching consequences. Due to the conviction of the revisionist for offences under Sections 153A, 171F and 189 IPC, he not only remained disqualified but he also remained disqualified to contest the future election," the court said.

The Special MP/MLA court Mau had convicted and sentenced Ansari to imprisonment of two years each under sections 153-A (promoting enmity among different groups) and 189 (threat of injury to a public servant), one year under Section 506 (criminal intimidation), and six months under Section 171-F (undue influence or personation at an election) of the Indian Penal Code (IPC). PTI CORR RAJ RT