Punjab opposes UP's demand for transfer of Mukhtar Ansari in Supreme Court

Punjab opposes UP's demand for transfer of Mukhtar Ansari in Supreme Court

Punjab government told the Apex Court that Uttar Pradesh has no fundamental right to seek gangster-turned politicians transfer

The Punjab government has opposed the demand of the Uttar Pradesh government to transfer gangster-turned-lawmaker Mukhtar Ansari's transfer. A Supreme Court bench of Justices Ashok Bhushan and R.S. Reddy was told on 4 March 2021 that the Yogi Adityanath-led Uttar Pradesh government had no fundamental right to seek his transfer from Punjab's Rupnagar jail to the district jail in Banda in Uttar Pradesh.

The UP government had 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.

The SC bench said that it will pronounce its verdict on the plea of the UP government and petition of Ansari seeking transfer of the cases against him outside the State.

Solicitor General Tushar Mehta, appearing for the 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.

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

Senior advocate Mukul Rohatgi, appearing for Ansari, argued that his client was being targeted because of his political affiliation to a party that was in opposition in Uttar Pradesh.

My co-accused was encountered. Uttar Pradesh has an axe to grind against Punjab and 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 the Punjab government said, the criminal proceedings against Ansari have been going on in Uttar Pradesh for the past 14-15 years and the writ petition of Uttar Pradesh is not maintainable and it be dismissed.

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 heinous crime cases lodged in Uttar Pradesh.