Mukhtar Ansari dodging judicial system, running illegal activities from Punjab jail: UP to SC
While Uttar Pradesh alleged within the apex court 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 searching for a path 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 General Tushar Mehta, showing for Uttar Pradesh, informed the bench that a number of instances are pending in opposition to Ansari within the state and in 2019, an FIR for alleged extortion was lodged in Punjab in opposition to him.
He stated that no cost sheet has been filed but by the Punjab Police within the case and investigation remains to be happening.
“He (Ansari) is dodging the judicial system,” Mehta informed the bench, including that he managed medical certificates which stated that he’s not permitted to journey however on the identical time, Ansari had attended proceedings in different courts.
“He has mocked and taken for ride the entire judicial system and the administrative system,” he stated.
The senior regulation officer stated it seems like a movie script as a number of instances had been pending in opposition to him in Uttar Pradesh and abruptly, the Punjab Police lodged an FIR in 2019.
Mehta stated 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 am showing the collusion between them,” the solicitor normal stated, including, “He is operating and running his illegal activities from jail in Punjab”.
Referring to instances pending in opposition to him in Uttar Pradesh, Mehta stated that state has the ability to prosecute the accused for the victims, witnesses and in addition the residents and their elementary 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 stated this concern would have “far reaching consequences”.
“We have nothing to do with Mukhtar Ansari. If he is a criminal, he is a criminal. The question is whether one state can file a writ petition in this court against another state in the circumstances in which Uttar Pradesh has done in this case,” Dave stated.
Giving an instance of the case of journalist Siddique Kappan who was arrested on his means to Hathras the place a younger Dalit girl had died after being allegedly gang-raped, Dave stated, “Can Kerala tomorrow move the Supreme Court 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 stated these are grievances in opposition to judicial orders through which the state of Punjab has no position by any means.
“State of Punjab has no role in this. This writ petition is not maintainable and it cannot be entertained,” he stated, including that the jail authority has to adjust to the medical data.
The apex courtroom additionally heard arguments on a separate plea filed by Ansari through which he has sought switch of instances pending in opposition to him in Uttar Pradesh to Delhi.
Senior advocate Mukul Rohatgi, showing for Ansari, stated that the MLA is searching for switch of instances pending in opposition to 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 “eliminated in encounter” by the Uttar Pradesh Police.
“Government of Uttar Pradesh says I (Ansari) am lodged in Punjab jail while cases are pending in Uttar Pradesh so there is problem in the cases there. This problem will be resolve if my cases are transferred to Delhi,” Rohatgi stated.
“We will consider this,” the bench informed Rohatgi.
The Uttar Pradesh authorities had earlier informed 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 instances.
The Punjab authorities had sought dismissal of plea filed by Uttar Pradesh, saying that solely a “citizen” can transfer Supreme Court underneath Article 32 to declare elementary rights and a state can not invoke this provision.
Article 32 offers with the ‘Right to Constitutional Remedies’, and offers the best to transfer the highest courtroom for the enforcement of the rights conferred within the Constitution.
Ansari is lodged in district jail Rupnagar in Punjab since January 2019.
The Uttar Pradesh authorities has additionally sought a path to switch the legal 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 stated that he had been present process remedy at jail hospital in addition to different hospitals from time to time since January 2019.
While referring to the medical situation and recommendation of docs, Punjab had 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” from time to time.
