New Delhi, March 3
The Uttar Pradesh authorities Wednesday instructed the Supreme Court docket that gangster-turned-politician Mukhtar Ansari has been “dodging” the judicial system and is working his alleged unlawful actions from Rupnagar district jail in Punjab the place he’s lodged.
Whereas Uttar Pradesh alleged within the apex courtroom that there’s “collusion” between Ansari and Punjab Police, the Amarinder Singh authorities refuted these claims and raised questions over the maintainability of plea filed by the Yogi Adityanath-led authorities.
A bench comprising Justices Ashok Bhushan and R S Reddy was listening to a plea filed by the Uttar Pradesh authorities in search of a route to the Punjab authorities and Rupnagar jail authority to instantly hand over the custody of Ansari, an MLA from Mau constituency, to district jail Banda.
Solicitor Basic Tushar Mehta, showing for Uttar Pradesh, instructed the bench that a number of circumstances are pending towards Ansari within the state and in 2019, an FIR for alleged extortion was lodged in Punjab towards him.
He mentioned that no cost sheet has been filed but by the Punjab Police within the case and investigation continues to be happening.
“He (Ansari) is dodging the judicial system,” Mehta instructed the bench, including that he managed medical certificates which mentioned that he’s not permitted to journey however on the identical time, Ansari had attended proceedings in different courts.
“He has mocked and brought for experience your entire judicial system and the executive system,” he mentioned.
The senior legislation officer mentioned it seems like a movie script as a number of circumstances have been pending towards him in Uttar Pradesh and out of the blue, the Punjab Police lodged an FIR in 2019.
Mehta mentioned Ansari, who’s lodged in Punjab jail, has not been produced earlier than the courtroom in Uttar Pradesh regardless of a number of orders.
“I’m exhibiting the collusion between them,” the solicitor basic mentioned, including, “He’s working and working his unlawful actions from jail in Punjab”.
Referring to circumstances pending towards him in Uttar Pradesh, Mehta mentioned that state has the ability to prosecute the accused for the victims, witnesses and likewise the residents and their basic rights will get affected if the trial will get delayed.
Senior advocate Dushyant Dave, showing for Punjab authorities, questioned the maintainability of the plea filed by Uttar Pradesh and mentioned this challenge would have “far reaching penalties”.
“Now we have nothing to do with Mukhtar Ansari. If he’s a prison, he’s a prison. The query is whether or not one state can file a writ petition on this courtroom towards one other state within the circumstances wherein Uttar Pradesh has performed on this case,” Dave mentioned.
Giving an instance of the case of journalist Siddique Kappan who was arrested on his strategy to Hathras the place a younger Dalit lady had died after being allegedly gang-raped, Dave mentioned, “Can Kerala tomorrow transfer the Supreme Court docket and say that he (Kappan) is from Kerala so he be transferred to Kerala from Uttar Pradesh?”
Referring to the averments of Uttar Pradesh, he mentioned these are grievances towards judicial orders wherein the state of Punjab has no position by any means.
“State of Punjab has no position on this. This writ petition shouldn’t be maintainable and it can’t be entertained,” he mentioned, including that the jail authority has to adjust to the medical information.
The apex courtroom additionally heard arguments on a separate plea filed by Ansari wherein he has sought switch of circumstances pending towards him in Uttar Pradesh to Delhi.
Senior advocate Mukul Rohatgi, showing for Ansari, mentioned the MLA is in search of switch of circumstances pending towards him in Uttar Pradesh to Delhi.
He alleged there’s a risk to Ansari’s life in Uttar Pradesh as one of many co-accused was “eradicated in encounter” by the Uttar Pradesh Police.
“Authorities of Uttar Pradesh says I (Ansari) am lodged in Punjab jail whereas circumstances are pending in Uttar Pradesh so there’s downside within the circumstances there. This downside might be resolve if my circumstances are transferred to Delhi,” Rohatgi mentioned.
“We are going to contemplate this,” the bench instructed Rohatgi.
The Uttar Pradesh authorities had earlier instructed the apex courtroom that the Punjab authorities is “shamelessly” defending Ansari, who’s 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 circumstances.
The Punjab authorities had sought dismissal of plea filed by Uttar Pradesh, saying that solely a “citizen” can transfer Supreme Court docket beneath Article 32 to say basic rights and a state can’t invoke this provision.
Article 32 offers with the ‘Proper to Constitutional Treatments’, and offers the suitable to maneuver the highest courtroom for the enforcement of the rights conferred within the Structure.
Ansari is lodged in district jail Rupnagar in Punjab since January 2019.
The Uttar Pradesh authorities has additionally sought a route to switch the prison proceedings and trial within the extortion case in Punjab to the particular courtroom in Allahabad.
In its affidavit filed earlier within the apex courtroom, Punjab had referred to the medical situation of Ansari and mentioned that he had been present process therapy at jail hospital in addition to different hospitals now and again since January 2019.
Whereas referring to the medical situation and recommendation of medical doctors, Punjab had mentioned that custody of Ansari “couldn’t be handed over to the state of Uttar Pradesh because of the particular recommendation of the medical officers/medical board /specialists” now and again. PTI