Supreme Court Allows UP's Plea To Transfer Mukhtar Ansari From Punjab Jail

The Supreme Court on Friday allowed the writ petition filed by the State of Uttar Pradesh seeking transfer of BSP MLA Mukhtar Ansari from Ropar Jail in Punjab to Uttar Pradesh's Ghazipur Jail.

The Bench headed by Justice Ashok Bhushan directed that Ansari would be handed over to the custody of State of Uttar Pradesh within two weeks.

"It is directed that Mukhtar Ansari is handed over to the custody of UP within 2 weeks. He shall be lodged in Banda Jail. Jail Superintendent of Banda Jail will extend medical facilities", the Bench held.

The bench also dismissed the petition filed by Ansari to transfer the trial of criminal cases out of Uttar Pradesh.

The Court held that the petition filed by the State of UP under Article 32 of the Constitution read with Section 406 of the CrPC was maintainable. It held that a State was a "party interested" within the meaning of Section 406(2) CrPC who is entitled to seek transfer of a case.

"It is difficult to accept the submissions of the respondents to say that the petitioner-State is not a party interested. It is well said that a crime against an individual is to be considered as a crime against a State and public, at large. In the criminal administration system, State isthe prosecuting agency, working for and on behalf of the people of the State", the judgment observed.

Since 406(2) CrPC was found to have been attracted, the bench said that it was not necessary to go into the issue whether Article 32 was available to the State.

A division bench comprising Justices Ashok Bhushan and R Subhash Reddy delivered the judgment. The bench had reserved judgment on the petition on March 4, after several days of arguments by Solicitor General Tushar Mehta(for UP), Senior Advocate Dushyant Dave(for Punjab authorities) and Senior Advocate Mukul Rohatgi(for Ansari).

In the writ petition, the State of UP said that Ansari was wanted for trial in various grave offences in UP, and that Punjab was shielding him in Ropar jail on fake medical grounds.

Punjab authorities and Ansari opposed the writ petition by arguing that a State has no fundamental right and hence cannot invoke Article 32 of the Constitution.

State of U.P. in its writ petition filed, under Article 32 of the Constitution read with Section 406 of the CrPC, contended that in the light of fair trial and manifestation of rule of law under Art. 14 and 21, it was necessary to try Ansari in the State of U.P. against whom serious offences had been registered in the State.

Ansari also claimed that he had threat to life in UP.

Solicitor General of India, Tushar Mehta appearing behalf of State of Uttar Pradesh, submitted that Ansari was vociferously being defended by the State of Punjab.

"He is vociferously defended by the State of Punjab. State of Punjab is supporting a terrorist." He remarked at the outset.

Moreover, SGI submitted that "State says that Ansari is suffering from depression. And he says he belongs to a family of freedom fighter. He is a gangster. He is arrested and does not file bail application because he is happy to be in Jail of Punjab."

Case Title : State of UP vs Jail Superintendent(Ropar) and others

Citation : LL 2021 SC 185

Click here to read/download the judgment