UP has got no fundamental right to seek Mukhtar Ansari’s transfer from Punjab jail: SC

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.