Allahabad High Court Quashes Property Attachment of Mukhtar Ansari’s Cousin, Cites Lack of Evidence

By Rajesh Pandey

The Allahabad High Court has set aside the attachment of immovable property belonging to Mansoor Ansari, cousin of late gangster Mukhtar Ansari, ruling that the State failed to establish any connection between the alleged criminal activity and the assets in question.

Allowing Mansoor Ansari’s criminal appeal, Justice Raj Beer Singh held that authorities cannot invoke the provisions of the Uttar Pradesh Gangsters and Anti-Social Activities (Prevention) Act, 1986, based on vague allegations or merely due to familial ties with a known criminal.

The case stemmed from an earlier order by a Special Judge, which upheld the District Magistrate’s decision to attach Ansari’s shops and building, valued at ₹26.18 lakh, on the claim that they were benami properties linked to Mukhtar Ansari.

However, the High Court found that such action lacked legal justification.

Examining Section 14 of the Gangster Act, the Court clarified that the power to attach property is not absolute.

It emphasised that authorities must demonstrate, through credible material, that the property was acquired as a result of criminal activities carried out by a person acting as a member, leader, or organiser of a gang.

The Court stressed that a clear nexus between the alleged offence and the property is essential. Mere involvement in a crime, it said, is insufficient to justify attachment unless it is shown that the property was directly derived from such criminal acts.

Further, the Court interpreted the phrase “reason to believe” under Section 14 as requiring a higher threshold than suspicion.

It must be based on objective evaluation, careful consideration, and concrete evidence—not conjecture or assumptions.

In this case, the Court found that the District Magistrate had failed to record a legally sustainable satisfaction, rendering the attachment order arbitrary.

It also underscored that the burden of proof lies initially with the State to establish that the property was acquired through proceeds of crime.

The affected individual is not legally obligated to prove the source of income for acquiring the property.

Notably, the Court observed that Mansoor Ansari had no criminal history under the Gangster Act and was not an accused in the 2007 case registered against Mukhtar Ansari.

It categorically stated that a familial relationship alone cannot be grounds for property attachment.

The Court further pointed out the absence of any material indicating that the appellant was associated with a gang or that the property was linked to criminal proceeds.

It held that the attachment order was based solely on unsubstantiated police allegations and lacked evidentiary support.

Criticising the Special Judge (Gangster Act), the High Court noted that the lower court had failed to properly evaluate the evidence presented by the appellant and had dismissed his claims without adequate reasoning.

Referring to the precedent in Babu Khan vs. State of Uttar Pradesh, the Court reiterated that judicial authorities must not act as mere endorsers of administrative decisions but must independently assess the merits of each case.

In light of these findings, the High Court quashed both the order of the Special Judge, Ghazipur, and the attachment order issued by the District Magistrate. It directed the State to release the disputed property without delay.

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