SC orders shifting of BSP MLA Mukhtar Ansari from Punjab to UP

Satya Prakash

Tribune News Service

New Delhi, March 26

The Supreme Court on Friday ordered the shifting of BSP MLA Mukhtar Ansari from Ropar Jail in Punjab to a jail in Uttar Pradesh where he was wanted in several criminal cases.

Allowing the State of Uttar Pradesh government’s petition seeking transfer of the alleged gangster, a Bench headed by Justice Ashok Bhushan directed that Ansari’s custody should be handed over Uttar Pradesh authorities in two weeks.

While dismissing Ansari’s plea to transfer the cases pending against him in Uttar Pradesh to Delhi, the top court said he shall be lodged in Banda Jail where the Jail Superintendent will extend him medical facilities.

A BSP MLA from Mau Sadar assembly constituency in Banda district of UP, he seat was lodged in a jail in UP as undertrial when the Punjab Police obtained a production warrant against him on a complaint of extortion and criminal intimidation took him to Punjab where he has been lodged in Ropar jail.

The Supreme Court had on March 4 reserved its order on the Uttar Pradesh Government’s plea seeking a direction to the Punjab Government to immediately hand over Ansari’s custody.

The Punjab government had contended that the UP government didn’t have a fundamental right to seek transfer of the gangster-turned politician to district jail, Banda.

On behalf of the UP Government, Solicitor General Tushar Mehta had accused the Punjab Government of defending the gangster-turned politician.

Though the state didn’t have fundamental rights, it can espouse the cause and the fundamental rights of the victims and can always assume the role of the victim and the society at large, Mehta had submitted.

The Solicitor General had said that Ansari flouted the jail manual rules and right of the victim and the State at large cannot be overlooked and the accused cannot be allowed to jettison the fair trial.

“Mukhtar Ansari is being vociferously defended by Punjab. He is enjoying (life) in Punjab jail. Serious cases of murder and other offences are being held up (in Uttar Pradesh). The state (of Punjab) is supporting a gangster,” Mehta had told the Bench.

Senior advocate Mukul Rohatgi, representing Ansari, had alleged that he was being targeted for political reasons.

“My co-accused was encountered. Uttar Pradesh has an axe to grind against Punjab and the Court should not allow the shoulders of the Supreme Court to be used to fire a gun. This should not be allowed”, Rohatgi had said, seeking transfer of cases outside Uttar Pradesh.

On behalf of Punjab Government, senior advocate Dushyant Dave contended that criminal proceedings against Ansari had been going on in UP for past 14-15 years and the Yogi Government’s plea wasn’t maintainable.