Mukhtar Ansari, a five-time MLA from Mau Sadar constituency, had passed away at Rani Durgawati Medical College on March 28, 2024, after being transferred from Banda jail due to deteriorating health conditions.
Abbas Ansari, an Uttar Pradesh Member of Legislative Assembly (MLA) (his elder son), is in judicial custody in connection with a criminal case. Last month, Ansari approached the Apex Court seeking permission to participate in his father’s ‘fatiha’. The Court had granted him permission to attend the fatiha, imposing stringent conditions.
On May 7, while seeking permission from the court to attend the 40th day of his deceased father, Bench had ordered, “As an interim measure, it is directed that the petitioner shall be permitted to join the 40th day ritual of his deceased father through online mode, for which the state government and jail authorities are directed to make necessary arrangements forthwith.” On being asked by the bench whether yesterday he attended the ceremony through video conference, the counsellor responded, “The presence at the grave is required, so online presence is not meaningful. We didn’t bother the state; we informed them that we were not willing to use that opportunity.”

The Supreme Court has adjourned the plea filed by Abbas Ansari, seeking to attend a small intimate non-religious ceremony for his late father, to May 15. During the hearing today, Advocate Lazafeer Ahmad appeared for Ansari. At the outset, he passed a note to the court and informed them of a small intimate ceremony with just the family, relatives, and close friends on May 15. “The dates are such that the journey doesn’t fall on a polling date because the polling is on May 13 and then May 20,” he submitted.

Taking note of the fact that general elections are going on and the police authorities are busy on duty there, the Bench of Justice Surya Kant and Justice KV Viswanathan asked Ansari to file a fresh application seeking permission to attend the ceremony after June 4. The bench remarked, “We have to keep in mind your safety also.”
Justice Kant suggested Ahmed to schedule the intimate ceremony after June 4, when the general election is over, as most of the police authorities are busy with the election.
The court also asked from the petition whether it was a prescribed ritual, to which the petitioner replied that it was not a prescribed ritual. “Rituals we are organising on a convenient date because he (Abbas Ansari) has missed all the rituals,” the petitioner replied.

Case Title: Abbas Ansari v. The State of Uttar Pradesh and Anr. [Writ Petition(s)(Criminal) No(s).208/2024]