The Supreme Court on Friday directed the Punjab authorities at hand over the custody of gangster-turned-politician Mukhtar Ansari, who’s lodged in Rupnagar jail there, to Uttar Pradesh Police, saying the custody was being denied on trivial grounds underneath guise of medical points.
The prime court docket stated a convict or an undertrial prisoner, who disobeys the legislation of the land, can not oppose his switch from one jail to a different and the courts are to not be a helpless bystander when the rule of legislation is being challenged with impunity.
A bench of Justices Ashok Bhushan and RS Reddy stated the custody of Mukhtar Ansari, an MLA from Mau constituency, be handed over to Uttar Pradesh inside two weeks in order to lodge him in District Jail, Banda in UP.
The bench stated it was open for the particular court docket, constituted for MPs/MLAs at Allahabad, to proceed him both within the District Jail at Banda or shift to every other jail within the state, if any want arises.
There shall be a course to the Superintendent of Jail, District Jail Banda, Uttar Pradesh to increase the required medical amenities to the third respondent (Ansari). It is made clear that if any specialty therapy is required to the third respondent, the Jail Superintendent of District Jail, Banda, Uttar Pradesh shall take crucial steps to increase such medical care additionally, by following the Jail Manual, it stated.
The court docket, which held the UP authorities’s plea to be maintainable, nonetheless, refused to switch a legal case pending towards Mukhtar Ansari in Punjab’s Mohali to UP and stated the matter is on the stage of investigation.
At the identical time, in train of energy underneath Article 142 of the Constitution of India, we problem instructions, directing the respondent nos. 1 & 2 (Jail Superintendent of Rupnagar and State of Punjab), to handover custody of the third respondent to the State of Uttar Pradesh, inside a interval of two weeks from at the moment, in order to lodge him in District Jail, Banda within the State of Uttar Pradesh, the bench stated in its 56-page order.
The prime court docket additionally dismissed a plea by Mukhtar Ansari looking for switch of instances lodged towards him in Uttar Pradesh to another place exterior the state.
The prime court docket delivered the decision on the plea of Uttar Pradesh authorities looking for a course to the Punjab authorities and Rupnagar jail authority to instantly hand over the custody of Mukhtar Ansari, to the district jail Banda.
The bench famous that Mukhtar Ansari was allegedly concerned in varied instances of try and homicide, homicide, dishonest and conspiracy other than offences underneath Gangsters Act, lodged in UP and out of them, 10 instances are on the phases of trial.
The court docket was additionally knowledgeable by the UP authorities that every time the state police sought Mukhtar Ansari’s custody, the superintendent of Punjab Jail had refused it on varied medical grounds.
During the interval from February 14, 2019 to February 14, 2020, Mukhtar Ansari’s custody was denied to the UP police by the Punjab jail authorities on 26 events primarily on the medical grounds referring to diabetes mellitus, pores and skin allergy, hypertension, backache and throat an infection.
The UP authorities had alleged that the very registration of crime on the file of a police station in Mohali was part of conspiracy on the occasion of Mukhtar Ansari to proceed within the Punjab jail by protracting the trials, that are pending within the particular court docket in UP and to disclaim his presence in varied different crimes, registered towards him for finishing the investigation.
On this, the bench stated, We don’t want to file any discovering on such allegation of conspiracy at this stage, however, on the identical time, we’re glad that the custody is denied to the Police of Uttar Pradesh at each time on trivial grounds underneath guise of medical grounds by mentioning peculiar illnesses like diabetes mellitus, pores and skin allergy, hypertension, backache, throat an infection, and many others.
Besides this, the bench stated it provides any quantity of suspicion on the conduct of Mukhtar Ansari in not even making use of for grant of default bail, for not submitting cost sheet by the Punjab police throughout the statutory interval.
On March 4, the highest court docket was knowledgeable by Punjab authorities that Yogi Adityanath-led authorities has acquired no elementary proper to hunt Ansari’s switch from Rupnagar jail to a district jail in Banda in Uttar Pradesh.
Mukhtar Ansari is lodged in district jail Rupnagar in Punjab in reference to an alleged extortion case since January 2019.
He can also be accused in a number of instances of heinous crimes lodged in Uttar Pradesh.
The UP authorities has earlier contended that Mukhtar Ansari has been dodging the judicial system and is operating his alleged unlawful actions from Rupnagar district jail in Punjab.
While Uttar Pradesh had alleged within the prime court docket that there’s collusion between Mukhtar Ansari and Punjab Police, the Amarinder Singh authorities has refuted these claims and raised questions over the maintainability of plea filed by the Yogi Adityanath authorities.
Mukhtar Ansari who has additionally filed petition looking for switch of his instances in UP to exterior the state, had submitted that due to his political affiliation to a celebration in opposition, he’s being focused.
Punjab authorities had stated that Mukhtar Ansari has been unwell and central authorities owned PGI Chandigarh has been given him the medical certificates every now and then.
(Except for the headline, this story has not been edited by NDTV employees and is revealed from a syndicated feed.)