The Delhi High Court on Wednesday reserved its stay order on Mukhtar Ansari's parole granted by a trial court for campaigning in Uttar Pradesh assembly elections.
The stay order was given by Justice Mukta Gupta following a plea from the Election Commission of India (ECI) seeking cancellation of Ansari's parole.
Ansari had secured parole from a Central Bureau of Investigation (CBI) court on February 17 to campaign in his constituency Mau for the state elections.
The EC had said that it feared Ansari's release may create law and order problems during elections.
"If Ansari is allowed to campaign for the elections, he will have to be provided with eight gunners carrying AK-47 rifles. This will disturb the atmosphere of the elections," said Dayanand Krishnan, Election Commissioner.
"We do not have adequate resources to provide him with eight gunners carrying AK-47's," he added.
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Opposing Election Commission's appeal, Congress leader Salman Khurshid said that everyone had a right to campaign for the elections.
"Everyone has the right to campaign for the elections. According to our constitution, people are allowed to contest in elections from within the jail," said Khurshid.
Ansari, accused of murdering Bharatiya Janata Party (BJP) MLA Krishnanand Rai in November 2005, is facing trial before the CBI court in Delhi.
Rai, MLA from Mohammadabad constituency, was gunned down along with six more persons in Bhanwarkol area in Ghazipur.
After Rai's wife moved court, the Supreme Court transferred the case to Delhi from Ghazipur district.