Ansari moves SC over stay of trial in MLA murder case

27 August 2008
Express news service

Uttar Pradesh Independent MLA Mukhtar Ansari, the key accused in BJP legislator Krishnanand Rai murder case, on Tuesday moved the Supreme Court alleging that the CBI secured a stay on the proceedings of the case in Ghazipur trial court in a surreptitious manner. The Supreme Court will hear the matter on September 1.
Senior advocate Sushil Kumar, appearing for Ansari, alleged that the CBI secured stay on the case proceedings in the trial court without informing the accused about filing of its petition.
“I (Ansari) am not a party. Please make me a party in the petition. None of the accused is a party in it,” Kumar said while referring to the CBI’s petition on which the apex court on August 1 had passed its order.
The investigating agency, however, opposed his allegation and said it would file a counter application.
“Mukhtar Ansari is applicant and I have to say a lot,” Solicitor General G E Vahanvati submitted before a Bench headed by Chief Justice K G Balakrishnan, which then posted the matter for hearing on September 1.
The CBI had challenged the Allahabad High Court order, permitting the Ghazipur court to hear bail matters relating to the case.
Besides Ansari, his brother Afzal Ansari (Samajwadi Party MP) and four other gangsters are facing trial in the case.
While challenging the HC order, Vahanvati had contended that the Ghazipur court cannot conduct any criminal proceedings in the case, as the apex court had in August last year restrained it from proceeding with the trial since an application seeking shifting of the case to Lucknow was pending with it. The High Court had not agreed with the CBI contention.
The Solicitor General on August 1 had submitted that the trial be transferred to Lucknow, as relatives of the victim were worried that witnesses would not depose out of fear.