On Friday, the Supreme Court allowed a writ petition filed by the UP government seeking the transfer of Mr Mukhtar Ansari(BSP MLA) from Ropar Jail, Punjab, to UP’s Ghazipur Jail.
A Bench headed by Hon’ble Justice Ashok Bhushan directed that Mukhtar Ansari should be handed over to the Custody of State of UP within two weeks.
Ansari will be lodged at Banda Jail, and the Superintendent of the jail will extend medical facilities to him.
Hon’ble Court dismissed the petition filed by Mukhtar Ansari seeking transfer of his criminal cases out of Uttar Pradesh.
On 4.03.2021, the Bench had reserved its judgement after listening to arguments advanced by all the parties.
In the instant case, Solicitor General Tushar Mehta appeared for Uttar Pradesh, Senior Counsel Dushyant Dave appeared for Punjab Authorities, and Senior Counsel Mukul Rohtagi represented Ansari.
Before the Court, the State of UP submitted that Ansari was wanted for trial concerning several cases lodged against him in UP, and Punjab was shielding him on fake medical grounds. It was further argued that in the manifestation of the rule of law under Art. 21 and 14, and in light of fair trial, it was essential to try Ansari in UP, where many cases are registered against him.
However, the State of Punjab and Ansari contended that a state has no Fundamental Rights and cannot invoke Article 32 of the Constitution.
On the other hand, Ansari submitted that there is a threat to his life in UP.
SGI Tushar Mehta contended that the State of Punjab was vociferously defending Ansari and pointed out that Ansari has not filed a bail application as he is happy Punjab jail