"Belong To Family Of Great Leaders Like Hamid Ansari, Former Vice President Of India": Murder Accused Mukhtar Ansari Tells Supreme Court

  • Lawbeat News Network
  • 04:08 PM, 08 Feb 2021

The Punjab Government has defended retention of accused Mukhtar Ansari, charged with murder of BJP MLA Krishnanand Rai at Rupnagar Prison in a plea seeking his transfer to Ghazipur, Uttar Pradesh.

Before a bench headed by Justice Ashok Bhushan, Solicitor General stated that the averments by Punjab Government in its affidavit before Supreme Court stipulated the Government's extensive support to a terrorist. 

One of the stands taken by the Punjab Government is that the Petition filed by Uttar Pradesh Government is not maintainable on ground of protection guaranteed viz. Fundamental Rights of Ansari and that a writ petition filed by the State Government is not maintainable.

"Even assuming that the petition is filed under section 406 CrPC of the same is not maintainable as it can only be filed by an application by Attorney General of India or by a party interested. The state of UP is not an interested party in Trial Case pending before Judicial Magistrate Mohali for which transfer is being sought."
- Punjab Government in SC

The Solicitor General submitted before top court today that it was indeed surprising that the Punjab Government was supporting a terrorist and that identical contentions had been raised by the Government as well as the accused against U.P. Government's petition.

"The present writ petition under article 32 is not maintainable as there can be no infringement of fundamental rights of state... This hon'ble court has in several cases held that a writ petition filed under article 32 by a State is not maintainable as there is no violation of rights guaranteed under Part III. Thus, the present writ petition deserves to be dismissed as it is an abuse of process of law"
-Mukhtar Ansari's Counter Affidavit in SC

The Punjab Government has stated that Ansari has already been appearing before courts through VC and that he is suffering from ailments, diagnosed by medical experts with depression. In this context, the state government has stated that moving him will not be suitable for Ansari's wellness.

"It is also respectfully submitted that the responsibility of ensuring safe custody, wellness and good health of Respondent no. 3 while in custody is solely that of answering respondent," states Punjab Government. 

Ansari has further defended his retention by Punjab Government by stating in his affidavit that he is part of a family which has made immense contribution to the Indian Freedom Movement and has given India many leaders in the name of Shri Muhammad Hamid Ansari who was the Vice President of India.

Today, when the case was called before Supreme Court, the case was adjourned to February 24.