No Harm Will Be Caused To Mukhtar Ansari In Jail : UP Govt Tells Supreme Court

The Supreme Court on Friday (15.12.2023) recorded the statement of the State of Uttar Pradesh that protection of Gangster-politician Mukhtar Ansari will be ensured in jail in a plea moved by his son, Umar Ansari apprehending 'serious and imminent threat' to his father's life who is currently lodged in Banda Jail in Uttar Pradesh, in a conviction for murder. 

A bench of Justice Hrishikesh Roy and Justice Sanjay Karol gave time to Additional Solicitor General KM Nataraj to obtain instructions on the plea for transfer of Ansari to a jail outside UP.

"On the plea for transfer of the detenu outside of UP and to ensure that no harm is caused to the detenu while in custody, ASG prays for time for instructions. The Counsel assures that augmentation of security, if needed will be given to ensure no harm is caused to the detenu." the court recorded in its order.

The writ petition filed under Article 32 of the Constitution seeks transfer of Ansari, a former MLA, to any jail outside Uttar Pradesh. Umar Ansari's plea alleges that his family members have been targets of persecution by the State and that he has received reliable information that his father's life is in grave danger as there is a conspiracy afoot involving people within the state establishment to assassinate him in Banda jail.

Mukhtar Ansari is an accused in the case involving the murder of BJP leader Krishnanand Rai and various other cases. The plea states that out of the persons accused in the murder, four persons have already been murdered.

During the hearing today, Justice Karol, pointed out that protection had already been granted by the Allahabad High Court. 'What has changed since then?', he asked. 

Sr. Adv. Kapil Sibal appearing for Ansari responded, "On 8th of June after this order was passed, another co-accused has been killed and that too in court".

The ASG strongly opposed the issuance of notice in the matter. "I have serious reservations about the jurisdiction of this matter under Art. 32" he said. 

"We are quite reluctant to exercise our jurisdiction under Art. 32, but it is a question of liberty, in terms of life and death. The co-accused have died one after another. You must ensure that no harm will come to him, then we will not issue notice" Justice Roy told the ASG. 

"You must inform us the stage of the trial. You must take all steps to ensure his safety and security, that is important, because he is under your care" Justice Karol told the ASG. 

"I came to this court in Atiq Ahmad's case, the same statement was made by the state and he was killed in open daylight, " Kapil Sibal said. 

"There's a difference, in Atiq Ahmed's case, he was inside jail" Justice Karol said. "So is he milords" Sibal responded. "But here, courts have allowed your plea" Justice Karol said. 

"That's not the point milord, his co-accused in custody have been killed, it is not fair" Sibal said. 

Sibal also referred to a speech made on 30th November 2023 which speaks of a direct threat to kill Ansari. 

Umar Ansari's plea states that the modus operandi of the assassination would be such that 'hired killers' would be arrested by the police in some petty crime and taken to Banda Jail where his father is lodged. 

In 2021, the Supreme Court allowed a petition filed by the State of UP to transfer Ansari to a jail in UP from the jail in Punjab.

Case Title: UMAR ANSARI V. STATE OF UTTAR PRADESH, W.P.(Crl.) No. 629/2023

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