The Lok Sabha Secretariat took a significant step on Thursday by lifting the disqualification of BSP leader Afzal Ansari as a member of the Lower House. This decision came after the Supreme Court conditionally suspended his conviction in a Gangsters Act case.
Back in December of the previous year, the apex court, while suspending Ansari's sentence, outlined specific conditions. Despite his restored status as a lawmaker, Ansari's rights have been curtailed. He won't be able to participate in the upcoming Budget Session of Parliament, vote in the Lok Sabha, or enjoy any associated perks or monetary benefits.
In a recent notification, the Lok Sabha Secretariat acknowledged the Supreme Court's suspension of Ansari's conviction, subject to certain conditions. The notification stated, "In view of the order dated December 14, 2023, of the Supreme Court of India, the disqualification of Afzal Ansari (notified on May 1, 2023)… has ceased to operate subject to the conditions imposed by the Supreme Court of India and further judicial pronouncement."
Last month, the top court conditionally suspended Ansari's conviction in a 2007 case under the Uttar Pradesh Gangsters and Anti-social Activities (Prevention) Act, 1986. The court emphasized that a by-election might not be held for the Ghazipur constituency, given the remaining tenure of the current Lok Sabha, leading to the deprivation of legitimate representation.
The majority verdict of the bench, comprising justices Surya Kant, Dipankar Datta, and Ujjal Bhuyan, directed that the Ghazipur parliamentary constituency should not be notified for a by-election until the high court decides Ansari’s appeal against his conviction.
The bench ruled, "The appellant (Ansari) shall, however, not be entitled to participate in the proceedings of the House. He shall also not have the right to cast his vote in the House or to draw any perks or monetary benefits." The decision further clarified that Ansari would not be disqualified from contesting future elections during the pendency of his criminal appeal before the high court.
While the Allahabad High Court had refused to suspend Ansari's conviction on July 24 last year, it granted him bail in the case. Ansari had appealed against the judgment of a special MP/MLA court that sentenced him to four years of imprisonment and imposed a fine of Rs 1 lakh. His disqualification from the Lok Sabha on May 1 resulted from this conviction, which is an automatic consequence for lawmakers facing sentences of two years or more, commonly known as 'disqualification upon conviction.'
(With Agency Inputs)
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