New Delhi: The Yogi Adityanath government Monday told the Supreme Court that alleged gangster-turned-politician Mukhtar Ansari, who has been lodged in Punjab’s Ropar jail for almost two years now, has not appeared before courts in Uttar Pradesh even via video-conference proceedings, stalling the progress of criminal trials pending against him in the state.
The governments of Uttar Pradesh and Punjab are locked in a legal battle over the custody of Ansari, the Bahujan Samaj Party (BSP) MLA from Mau, with the former moving the top court for its intervention. In its petition before the Supreme Court, the UP government has alleged that there is a nexus between the Punjab government and Ansari to avoid 26 court warrants issued against him in various criminal cases.
Punjab has denied the charges, maintaining that medical opinion advises rest for Ansari and, therefore, he cannot be produced before the UP courts. Both the Punjab government and Ansari have also submitted that the latter has now got permission to appear virtually through video-conference.
But the UP government, in its rejoinder, said Ansari, who got permission to appear virtually in nine out of 10 criminal trials against him, has not attended a single such hearing.
According to the Adityanath government, Ansari sought permission to appear before the trial courts virtually soon after the top court had on 18 December 2020 issued notice to the Punjab government on UP’s petition seeking his custody. The UP government’s affidavit also said Ansari failed to attend the proceedings because of three reasons — the video-conference could not be connected, jail authorities in Punjab were not aware of the proceedings, and Ansari was not well.
The UP government also said the Punjab government had ensured Ansari’s physical appearance before a trial court and the high court in Delhi between May and June 2019, but refused to let him travel to UP on medical grounds during the same period.
The UP government further said Ansari has been suffering from medical ailments since 2008 and despite that he had attended the state assembly sessions after obtaining requisite court permission.
Also read: 26 warrants & bail, but Mukhtar Ansari still in Punjab jail — UP’s custody case before SC
‘How can Punjab support Ansari?’
During the hearing of its petition Monday, the Uttar Pradesh government questioned Punjab for “vociferously defending” Ansari and stalling his transfer from Ropar to Ghazipur jail.
Solicitor General Tushar Mehta, representing the Yogi Adityanath government, told the Supreme Court bench led by Justice Ashok Bhushan that serious charges are pending in the state against Ansari. “How can state of Punjab support Ansari so much?” Mehta said.
“He (Ansari) is being vociferously defended by Punjab. Affidavit of Punjab has much to be desired. It says that Ansari is suffering from depression. He is enjoying in Punjab jail. Punjab here is supporting a gangster,” he added.
When Ansari’s lawyer, senior advocate Mukul Rohatgi, submitted that his client will participate in the hearings virtually, Mehta said Ansari cannot sit in a five-star accommodation, choose a forum and then appear for trial in UP.
After a brief hearing, the top court asked Punjab to file a status report of the cases pending against him in the state and also a report on Ansari’s medical condition.
Fresh cases registered against Ansari while in Punjab jail
Providing extensive details on the number of virtual hearings that took place after Ansari got permission to appear virtually, the UP government’s rejoinder also said the BSP MLA did not appear before the special MP/MLA court at Prayagraj on seven dates.
The case in Prayagraj, the UP government added, has been at the stage of final judgment for more than two years. Whenever a new judge was appointed, Ansari has always filed an application to rehear the arguments, the government added.
In Agra, similarly, where Ansari is arguing for his discharge in the case, the MLA did not make his virtual appearance on 14 dates.
The UP government also said Punjab is willingly and deliberately ignoring Ansari’s actions and alleged that he has been operating his illegal activities from within the Ropar jail.
Two fresh cases were registered against him in 2020 under various sections of the IPC as well as the Arms Act while he remained in Punjab jail. While the first FIR was lodged on 5 April at Dakshin Tola in Mau, the second was on 6 October at Tarwan police station in Azamgarh.
‘Deep nexus between Punjab and Ansari’
The UP government also pointed out that Ansari was brought to Delhi on three occasions — twice in 2019 and once in 2020 — and annexed court orders as evidence.
According to the UP government, Ansari was first produced before a Rouse Avenue court in Delhi on 27 May 2019, despite doctors prescribing him bed rest for six weeks, up to 7 June 2019, and regular physiotherapy. He made another appearance on 3 July.
On 15 January 2020, Ansari was also present before the Delhi HC, even as he, according to medical papers provided to UP by Punjab, was supposed to be on rest.
Punjab’s move to name Ansari in a 2014 murder case, after he was moved to Ropar jail, was part of the conspiracy to help the MLA escape the clutches of law, the UP government claimed.
It further contested Punjab’s assertion that the UP government’s petition under Article 32 was misconceived on the ground that there has been no violation of the state’s fundamental right. Such an argument, UP said, reflects the “nexus” between Punjab and Ansari.
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