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Supreme Court Bench led by Justice Ashok Bhushan adjourned the plea by Mukhtar Ansari’s wife seeking direction to UP Government and Jail authorities, to ensure free and fair Trial against Ansari.

The present writ petition is filed under Art 32 of the Indian Constitution by the petitioner who is the wife of the politician Mukhtar Ansari, seeking protection and safety for her husband’s life while attending trial in the State of U.P., in compliance of the directions passed by the Hon’ble court via judgment dated 26^th March, 2021. The Petitioners husband is the witness in several cases, where influential members of ruling party are the accused and thus grave pressure is being exerted to have him killed. The petitioner is left with no other choice but to approach the court.

The petitioner urged to the Hon’ble court to seek directions to the respondents to ensure that the petitioner’s husband can participate in free and fair trial in the state and is not killed or encountered in the process.

“In the case of Asha Ranjan v. State of Bihar, reported in (2017) 4 SCC 397 while considering the proposition to transfer of a prisoner from one jail to another, has held that, “it is the obligation and duty of this court to ensure free and fair trial”. Thus, this Hon’ble Court has mandated that fair trial in its ambit requires fairness to accused, to victim, to prosecution and to collective interest of society at large and no one ca claim absolute pre dominance over the other.” – Excerpt from the plea.

The petitioner has further submitted in her plea that the threat to the life of her husband is not merely an apprehension, but has also been substantiated in the past. The petitioner’s husband has been fatally attacked 5 times in the past on 15/7/2001, 13/1/2004, 25/10/2005, 2014, and 2018.

The plea stated that the main accused of the above attacks are one Brajesh Singh and Tribhuan Singh who are presently in BJP government and are conspiring to kill the husband of the petitioner as he is the witness in the cases relating to the above mentioned attacks and evidence is pending before the trial court for the same. It further stated that both of them are backed by the superior authorities and are provided all kinds of aid and support from the government.

“The petitioner’s husband was in jail since 25.10.2005, however on 29.11.2005, one BJP MLA Mr. Krishna Nand Rai was murdered/ killed, wherein her husband was falsely implicated. The trial of this case was conducted in the Raus Avenue CBI Special Court Delhi, wherein the Petitioners husband was acquitted on 03.07.2019. There is however much animosity in the members of BJP party on account of the same and openly members of ruling party have made statements about taking the life of the Petitioners husband.”- Excerpt from plea.

Due to the above mentioned reasons the petitioner is in complete fear that now anytime an untoward event can happen and hence the present petition.

The prayer that the petitioner has made is that the rights guaranteed under Art 14 and Art 21 of the Constitution of India may be protected and the judgment passed on 26/3/2021 should be enforced. Also, that there should be no discrimination against, being a member of the minority community. Lastly, since the petitioners husband is under constant fear of danger to his life and thus a request to the authorities to provide adequate protection to him.

Case title: Afshan Ansari v. State of U.P.