NEW DELHI: Holding that courts cannot be a "helpless bystander" when the rule of law is being challenged with impunity, the SC on Friday directed transfer of BSP member Mukhtar Ansari from Punjab to UP to face trial in cases pending in the state, The court noted that Punjab had refused to hand over his custody to UP on 26 occasions on trivial medical grounds.
Courts are not to be helpless bystander: SC
A bench of Justices Ashok Bhushan R Subhash Reddy allowed the plea of the Uttar Pradesh government which was forced to approach the apex court after its attempt to get Ansari back to the state was denied by Punjab. The court directed that the politician's custody be handed over Uttar Pradesh within two weeks and he be shifted to the district jail in Banda. "We are satisfied that the custody is denied to the police of Uttar Pradesh at every time under guise of medical grounds by mentioning ordinary diseases like diabetes mellitus, skin allergy, hypertension, backache, throat infection, etc," the bench said.
"In our opinion, a convict or an undertrial prisoner, who disobeys the law of the land, cannot oppose his transfer from one prison to another ... Courts are not to be a helpless bystander, when the rule of law is being challenged with impunity. In such situations, this court can exercise power under Article 142 of the Constitution to order transfer of prisoners from one prison to another," the bench said while rejecting the plea of Ansari who opposed his transfer.
A special court was constituted by the UP government in 2018 for trial of cases of MPs/MLAs and all cases pending against Ansari for serious offences under IPC and Gangsters Ac, were transferred to the court. Multiple cases are pending against the politician, including for attempt to murder, murder, cheating, conspiracy, etc., apart from offences under the Gangsters Act.
As it was difficult to hold trial through video conferencing and Ansari's custody was also needed as warrants were issued against him, the UP government approached Rupnagar Jail authorities in Punjab to hand him over to the district jail Banda. But the UP government’s plea was rejected by Punjab mainly on medical grounds.
Allowing the plea of UP government, the bench said, "There shall be a direction to the Superintendent of District Jail, Banda, Uttar Pradesh to extend the necessary medical facilities to the 3rd respondent(Ansari)). It is made clear that if any speciality treatment is required to him, the jail superintendent shall take necessary steps to extend such medical care also, by following the jail manual."