JOIN USUP dismisses Punjab's plea for virtual trial of gangster-turned-MLA Mukhtar Ansari
The Uttar Pradesh government dismissed Punjab government's contention before the Supreme Court that mafia-turned-BSP MLA Mukhtar Ansari can be tried virtually saying if video conferencing was the only mode of trial for an accused to appear from anywhere, then Vijay Mallya can face trial from the United Kingdom.
Solicitor General Tushar Mehta submitted before a bench presided over by Justice Ashok Bhushan cited there are several serious cases pending against Ansari.
He also slammed Ansari for making incorrect assertions that his life is in danger in UP, therefore he should be allowed to remain in a jail in Punjab. "A convict who has disobeyed the law of the land, cannot say that he cannot be transferred. Courts are not to be helpless bystanders when the laws are being challenged with impunity," Mehta said.
Senior advocate Dushyant Dave, representing the Punjab government, asserted that the state government is upholding the Constitution and it does not care anything about Ansari.
He rejected Mehta's argument that there was some conspiracy between the Punjab government and Ansari. He insisted on trial through video conferencing. Ansari is lodged in district jail Rupnagar since January 2019, in connection with an extortion case.
Mehta, for his part, said that if video-conference is that favourable, then even fugitive industrialist Mallya would not be extradited to India, and he can face trial from the UK.
Mehta submitted before the bench that he agrees that the state does not have fundamental rights, but the state as a prosecution represents the citizens and victims and can seek justice on their behalf.
Senior advocate Mukul Rohatgi, representing Ansari, apprehended if he was sent to UP, he would be done away with. "There are threats to my life. I am a five-time MLA...my co-accused was encountered, and they are trying to shoot a gun from the shoulders of this court. This should not be allowed," he said.
Following a detailed argument, the court reserved its judgment on the plea of the Uttar Pradesh government seeking a direction to the Punjab government and Rupnagar jail authority to immediately hand over the custody of Ansari, an MLA from Mau constituency, to district jail Banda.
The UP government said there are more than 30 FIRs and more than 14 criminal trials including heinous crimes of murder and Gangster Act pending against Ansari in various MP/MLA courts, where his personal appearance is sought.