The Punjab authorities is “shamelessly” protecting gangster-turned-politician Mukhtar Ansari, lodged in Rupnagar district jail in reference to an alleged extortion case, by not sending him to Uttar Pradesh to face trial in a number of instances, the UP authorities advised the Supreme Court on Wednesday.
A bench of Justices Ashok Bhushan and R Subhash Reddy nevertheless took word of the submission of senior advocate Dushyant Dave, showing for the Punjab authorities, looking for adjournment within the matter on private grounds.
Solicitor General Tushar Mehta, showing for the Uttar Pradesh authorities, stated he has no objection to Dave’s plea for adjournment.
The prime court docket has posted the matter for listening to on March 2.
During the listening to, senior advocate Mukul Rohatgi, showing for Ansari, stated that he (Ansari) was “small fry” being cornered by the “might of the state”.
To this, Mehta stated, “You (Ansari) are such a small fry that a state (Punjab) is shamelessly protecting you.”
Ansari is lodged in district jail Rupnagar in Punjab since January 2019.
The UP authorities additionally filed written submissions within the prime court docket stating that switch of Ansari’s custody was meticulously deliberate and raised a powerful suspicion of conspiracy to delay the proceedings earlier than the Special Judge (MP/MLA), Allahabad.
The state authorities stated it has “locus standi” to hunt switch of case pending earlier than Judicial Magistrate Mohali, to the court docket of Special Judge (MP/MLA) Allahabad, Uttar Pradesh, as UP is “party interested” below Section 406 of Code of Criminal Procedure (Power of Supreme Court to switch instances and appeals).
“There is no specific provision for transfer of an under trial prisoner under Code of Criminal Procedure or Jail Manual still this Court can pass an order of transfer of Respondent No.3 (Ansari) to District Jail Banda, Uttar Pradesh considering the facts situation of the present matter by exercising jurisdiction under Article 142 of the Constitution of India,” the UP authorities stated.
It stated Ansari’s fallacious plea that he doesn’t wish to come to the state as his life is below risk, is opposite to the plea of Punjab which contends that the accused is unable to journey attributable to medical causes.
The conduct of Punjab is clear from the truth that neither Ansari has utilized for default bail in previous two years nor the Punjab police have filed the cost sheet even after two years of lodging the accused in jail, the UP authorities stated.
“It is further appalling that Mukhtar Ansari has been operating his illegal activities in the state of Uttar Pradesh from within the jail maintained by the State of Punjab,” it stated.
“The transfer of Respondent No.3 (Ansari) is imperative from District Jail Roopnagar, State of Punjab to District Jail Banda, Uttar Pradesh and the appearance securing through video conferencing would not serve the purpose in view of the fact that the attendance could not be secured at several occasions in past, as a result the Special Judge (MP/MLA) Allahabad is not able to complete the trial expeditiously,” the UP authorities stated.
It additionally advised the apex court docket that rivalry of Ansari that he has danger to his life is unsustainable and can’t be a floor for not handing over his custody.
“Ansari had been safely lodged in the Banda Jail in Uttar Pradesh for 15 years duly protected by the Jail authorities and given full medical and health care. The State of Uttar Pradesh is duty bound to provide all safety and protection to accused and as such the alleged fear of Ansari is imaginary, ill founded and deserves to be rejected,” it stated.
The apex court docket was listening to a plea filed by Uttar Pradesh looking for a route to the Punjab authorities and Rupnagar jail authority to right away hand over the custody of Ansari to district jail Banda.
It has additionally sought a route to switch the felony proceedings and trial within the extortion case in Punjab to the particular court docket in Allahabad.
In its affidavit filed within the apex court docket, Punjab had referred to the medical situation of Ansari and stated that he had been present process remedy at jail hospital in addition to different hospitals on occasion since January 2019.
While referring to the medical situation and recommendation of docs, it has stated that custody of Ansari “could not be handed over to the state of Uttar Pradesh due to the specific advice of the medical officers/medical board /specialists” on occasion.