New Delhi: The Supreme Court on Thursday was told by Punjab government and gangster-turned-politician Mukhtar Ansari that Yogi Adityanath-led government has got no fundamental right to seek his transfer from Rupnagar jail to a district jail in Banda in Uttar Pradesh.
The Uttar Pradesh government has moved the top court seeking a direction to the Punjab government and Rupnagar jail authority to immediately hand over the custody of Ansari, an MLA from Mau constituency, to the district jail Banda.
A bench of Justices Ashok Bhushan and R S Reddy said that it will pronounce its verdict on the plea of Uttar Pradesh government and petition of Ansari seeking transfer of the cases against him outside the State.
During the hearing, Solicitor General Tushar Mehta, appearing for Uttar Pradesh government referred to the prison rules and said that though the State does not have fundamental rights, but it can espouse the cause and the fundamental rights of the victims and it may assume the position of the victim.
He said that the submission that the State does not have any fundamental right is wrong as the State can always assume the role of the victim and the society at large.
Mehta said that Ansari had 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.
He said that this court under Article 142 can order transfer of Ansari from Punjab jail to a jail in Uttar Pradesh as around 14 and 15 cases are at final stages.
If video conferencing is the most equitable medium to conduct criminal trials then a person can be tried while remaining in the United Kingdom , Mehta told the bench.
Senior advocate Mukul Rohatgi, appearing for Ansari, submitted that because of his political affiliation to a party in opposition, he is being targeted.
My co-accused in a case was encountered. Uttar Pradesh has an axe to grind against Punjab and the Court should not allow its shoulders to be used to fire a gun. This should not be allowed , Rohatgi said.
He said that Ansari has been appearing in all courts through Video Conferencing and bogus arguments have been used that trials are being stalled.
I am seeking transfer of cases outside Uttar Pradesh. They may be transferred to Delhi because of the fear of political vendetta in the state , he said, adding that How can the state be seeking my transfer and in any case it should be the judiciary which should be seeking my custody .
Senior advocate Dushyant Dave, appearing for Punjab government said that the criminal proceedings against Ansari has been going on in Uttar Pradesh for past 14/15 years and the present writ petition of Uttar Pradesh is not maintainable and it be dismissed.
He said that UP has made repeated efforts and it has been told by the Punjab jail authorities that Ansari has been unwell.
Dave said that Central government owned PGI Chandigarh has been given medical certificates to Ansari from time to time and the response of the Punjab government has been based on medical records.
He said that this matter is of very serious nature and would open the Pandora’s Box if the plea of Uttar Pradesh is allowed as this would lead to a situation in future, when States would come to the apex court against each other.
Ansari is lodged in district jail Rupnagar in Punjab in connection with an alleged extortion case since January 2019.
He is also accused in several cases of heinous crimes lodged in Uttar Pradesh. On Wednesday, the Uttar Pradesh government had told the top court that Ansari has been dodging the judicial system and is running his alleged illegal activities from Rupnagar district jail in Punjab.
While Uttar Pradesh alleged in the apex court that there is collusion between Ansari and Punjab Police, the Amarinder Singh government refuted these claims and raised questions over the maintainability of plea filed by the Yogi Adityanath-led government.
Mehta had told the bench that several cases are pending against Ansari in Uttar Pradesh while in 2019, an FIR for alleged extortion was lodged in Punjab against him and still no charge sheet has been filed in the matter.
He had argued that Ansari has not been produced before the court in Uttar Pradesh despite several judicial orders.
Giving an example of the case of journalist Siddique Kappan, who was arrested on his way to Hathras where a young Dalit woman had died after being allegedly gang-raped, Dave had said, Can Kerala tomorrow move the Supreme Court and say that he (Kappan) is from Kerala so he be transferred to Kerala from Uttar Pradesh? .
Ansari had alleged there is a threat to his life in Uttar Pradesh as one of the co-accused was eliminated in encounter by the Uttra Pradesh Police.
The Uttar Pradesh government had earlier told the apex court that the Punjab government is “shamelessly” protecting Ansari in connection with an alleged extortion case, by not sending him to Uttar Pradesh to face trial in several cases.
It had also sought a direction to transfer the criminal proceedings and trial in the extortion case in Punjab to the special court in Allahabad.
In its affidavit filed earlier in the apex court, Punjab had referred to the medical condition of Ansari and said that he had been undergoing treatment at jail hospital as well as other hospitals from time to time since January 2019.
Also read: UP hits out at Punjab, tells SC it took ‘don’ Ansari to Delhi 3 times but not to UP courts