The Delhi High Court is likely to pronounce tomorrow its decision on the Election Commission's plea for cancelling UP MLA Mukhtar Ansari's custody parole granted by a trial court for canvassing in the assembly polls.
The high court had reserved its verdict on February 22 after hearing arguments on behalf of the poll panel, Ansari and the state, which has also opposed the relief granted to the MLA.
While reserving judgement, Justice Mukta Gupta had said, "This is an issue that warrants concern. What he (Ansari) is getting (custody parole with armed guards) is actually more than bail."
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Ansari, an MLA who recently joined the Bahujan Samaj Party to contest from the Mau Assembly seat, was given custody parole till March 4 to enable him to campaign in the election.
The high court had on February 17 stayed operation of the trial court order after the poll panel moved a plea seeking cancellation of his parole, saying he might influence witnesses in the 2005 murder case of BJP MLA Krishnanand Rai, in which he is facing trial.
Later, the state of Uttar Pradesh, the prosecuting agency and the complainant in the BJP MLA murder case had also moved the high court, opposing Ansari's release from a Lucknow jail.
However, their contentions were opposed by Ansari's counsel, who said the EC's claims were baseless and it cannot be the ground to restrict his movement in his constituency as none of the witnesses is from there.
Ansari's lawyers said that he has been elected from the
Mau seat for a record four times and he is willing to give an undertaking to the court that he will not violate its order.
This was strongly opposed by the poll panel which had said the release of the accused would have a direct impact on the conduct of free and fair election in the constituency.
The trial court had on February 16 granted him custody parole.
The EC had also said the judgement would have far-reaching consequences on the poll panel's power.
"We have material to oppose the accused's parole," it had argued.
It had said that his release may create fear in the mind of the voters if he was allowed to roam around in the constituency.
The BSP had welcomed the jailed gangster-turned- politician and his family after his Qaumi Ekta Dal merged with the party ahead of the UP Assembly polls.
The 2005 murder case was transferred from Ghazipur in UP to Delhi by the Supreme Court in 2013 on a plea filed by Alka Rai, the wife of Krishnanand Rai.
Ansari, who is at present lodged in Lucknow jail, has over 40 criminal cases against him, including that of murder and kidnapping.
