Affidavits of Mukhtar Ansari & Punjab govt make similar contentions on transfer of custody

Dreaded gangster-turned-politician Mukhtar Ansari, who is facing trial for a dozen cases of heinous crimes in Uttar Pradesh including one as an accused in the murder of BJP MLA Krishnanand Rai in 2005., has sought leniency from the court, citing his family's contribution to India's freedom struggle. 

Mafia don and Bahujan Samaj Party (BSP) MLA Mukhtar Ansari, while appealing against his transfer from Punjab's Ropar jail to UP's Ghazipur jail stated that he hails from an influential family, whose members had taken part in the freedom struggle and also served on top constitutional posts after country's Independence.

In a writ petition to the court, Ansari said that his family has given many leaders to the country in the form of Muhammad Hamid Ansari, former vice president of India, Baba Shaukatullah Ansari, former Governor Of Odisha, and Hon'ble Justice Asif Ansari, a former judge of the Allahabad High Court. 

The Supreme Court, however, witnessed an inter-state battle while hearing the case, as  Solicitor General Tushar Mehta, appearing on behalf of the Uttar Pradesh government, accused the Congress-led Punjab government of shielding and protecting the "terrorist and gangster". 

The UP administration submitted that serious charges are pending against Ansari, but he has been remanded in Punjab for only two years in a “minor case”. Urging the top court to order the Amarinder Singh government to transfer the Mau MLA to Ghazipur jail, the UP counsel said a chargesheet has been filed against him in the state, unlike in Punjab. 

Tushar Mehta claimed that despite facing serious charges in UP, the gangster got an FIR filed in Punjab and did not even file for bail, as he was enjoying there.

Affidavits on Mukhtar Ansari's case & Punjab govt make similar contentions

After Solicitor General of India Tushar Mehta accused the Punjab Government of 'vociferously defending' Mukhtar Ansari, the MLA's petition before the top court was accessed by Republic Media Network and was found to be carrying a similar line of defense as the Punjab Government's affidavit.

As highlighted in red, Ansari's affidavit carries the same wordings as the Punjab Government's affidavit, both alleging that - 'The petition was not maintainable as there can be no infringement of fundamental rights of the state.' This was submitted in response to Uttar Pradesh seeking Ansari's transfer with his cases still pending before the Punjab court.

UP seeks transfer of Ansari to Ghazipur

The Uttar Pradesh government had approached the Supreme Court seeking Mukhtar Ansari's transfer stating that the criminal's transfer to UP was crucial owing to in-person appearance in certain cases. However, the Superintendent of Ropar Jail had refused to hand over Ansari to the UP administration citing 'medical reasons' of the prisoner.

While representing the Uttar Pradesh Government, Solicitor General of India (SGI) Tushar Mehta had asserted that the BSP MLA had more than 20 offences registered against him in UP, despite which he was remanded to Punjab, alleging that Ansari enjoyed 'protection' in Ropar Jail. 

The top court had granted two weeks' time to the State of Punjab and Ropar jail authorities to file counter-affidavits in the matter.

After Solicitor General of India Tushar Mehta accused the Punjab Government of 'vociferously defending' BSP MLA Mukhtar Ansari, the MLA's petition before the top court was accessed by Republic Media Network and was found to be carrying a similar line of defence as the Punjab Government's affidavit.

Solicitor General Tushar Mehta, appearing on behalf of the Uttar Pradesh government, accused the Congress-led Punjab government of shielding and protecting a "terrorist and a gangster". The UP administration has submitted that serious charges are pending against Ansari in the state and he has been remanded in Punjab for only two years in a “minor case”

Urging the top court to order the Amarinder Singh government to transfer the Mau MLA to UP’s prison, the Uttar Pradesh counsel said that the gangster-turned-politician should be transferred as a chargesheet has been filed in UP. No chargesheet has been registered in Punjab, said the counsel.

“It's a question of serious significance. He has been facing serious charges where summons were issued. He got an FIR filed in Punjab and did not even file for bail there and is enjoying in Punjab,” Mehta said.

Affidavits on Mukhtar Ansari's case

As highlighted in red, Mukhtar Ansari's affidavit carries the same wordings as the Punjab Government's affidavit, both alleging that- 'The present writ petition under Article 32- was not maintainable as there can be no infringement of fundamental rights of the state.' This, in response to Uttar Pradesh seeking Ansari's transfer with his cases still pending before the Punjab court. 

The same contention was raised by the Punjab Government in their affidavit following the same line of defense, contending that a writ petition filed under Article 32 by a state was not maintainable given the events, seeking its dismissal. 

In their defence, the Punjab Government had stated that the state of UP was not a party in the case pending before the Judicial Magistrate of Mohali, thereby it could not be made a party and had no right to demand a transfer. Moreover, the detailed table highlighting Ansari's regular appearances before the state of UP via video-conferencing has also been raised in both petitions in defence of the accused MLA. 

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UP seeks transfer of Ansari to Ghazipur

The Uttar Pradesh government had approached the Supreme Court seeking Mukhtar Ansari's transfer alleging that his transfer to UP was crucial owing to the BSP MLA's in-person appearance in certain cases. According to the UP government, 'serious charges' are pending in the state against Ansari, who is currently lodged in Punjab's Ropar Jail on grounds of a 'minor charge'. However, the Superintendent of Ropar Jail had refused to hand over Ansari to the UP administration citing 'medical reasons' of the prisoner.

While representing the Uttar Pradesh Government, Solicitor General of India (SGI) Tushar Mehta had asserted that the BSP MLA had more than 20 offences registered against him in UP, despite which he was remanded to Punjab, alleging that Ansari enjoyed 'protection' in Ropar Jail. "He is a gangster. He is arrested and does not file bail application because he is happy to be in jail of Punjab," Mehta stated.

The top court had granted two weeks' time to the State of Punjab and Ropar jail authorities to file counter-affidavits in the matter. 

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