On Thursday, the Apex Court reserved its order on the plea filed by the UP Govt seeking its direction to transfer the alleged gangster & don-turned controversial politician Mukhtar Ansari from Ropar jail in Punjab to a jail in Uttar Pradesh.
A 2-Judge Bench of the Supreme Court, headed by Justice Ashok Bhushan & also comprising Justice R Subhash Reddy, was hearing the petition filed by the Uttar Pradesh Govt.
“We reserve the order,” in the case, the bench said, after hearing detailed arguments & submissions from all the respective parties, petitioner & respondents in the case.
Dushyant Dave, Senior Lawyer & Ex-President of the Supreme Court Bar Association (SCBA) appearing for the Punjab Govt, said that there is sufficient medical evidence to show that the decisions taken by the jail authority are based on judicial authorities orders & is based on cogent evidence.
“We are nothing for (to protect) Ansari. He is just a criminal like any other. There are no allegations of conspiracy in the case,” Dave said.
“It is the Uttar Pradesh government that gave a telephone to a serious criminal, who is lodged in jail, we have nothing to do with this,” Dave said.
“This matter is of serious significance & nature, that it may open up Pandora’s box later,” Dave said.
He said that article 32 is not maintainable in this case, & he pleaded to the Apex Court to dismiss the petition filed by the Uttar Pradesh government which is seeking its direction to transfer the alleged UP gangster & don-turned politician, Mukhtar Ansari from Ropar Jail in Punjab to a jail in Uttar Pradesh.
Dave further told the Apex Court that the Punjab government has mentioned in its affidavit & stated that the report on the health condition of the accused, Ansari has been prepared by a team of specialist doctors of the hospital PGI, Chandigarh, under the central government.
Mukul Rohatgi, Senior Lawyer & former Attorney General (AG) appearing for Ansari, submitted to the Apex Court that the accused is appearing in all courts & even, in some cases, he had been acquitted.
Rohatgi said that “I am a 5 times MLA”.
“There is animosity by the state against my family. My house was destroyed & my son was arrested,” Rohatgi stated.
Solicitor General (SG) Tushar Mehta, senior lawyer appearing for the UP Govt, said that the state assumes the position of the accused.
“An accused cannot be given the right to jettison the case, on the names of a fair trial,” Mehta said.
He said that “This present case warrants that the accused shall be shifted to another state for a fair trial”.
“The respondent (Ansari) had flouted the law when in jail & outside the jail,” Mehta said.
Mehta added that “He is facing more than 50 FIRs. Look at his apprehensions. I am answerable & I have a responsibility in the society”.
However, Dave intervened, & said that the accused can face the trials through video conferencing, physical hearing is not required.