Punjab govt refuses to hand over custody of mafia-turned-MLA to UP govt

The Punjab government has refused before the Supreme Court a plea by the Uttar Pradesh government to shift mafia don, BSP MLA Mukhtar Ansari to face trial in as many as 14 cases pending over there.

It cited Ansari’s hypertension, diabetes, depression, back pain and skin allergy, to reject the UP government’s request.

Ansari, MLA from Mau remained lodged in a Rupnagar jail in Punjab since January 2019 where he was named in an extortion case.

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Responding to the Yogi Adityanath government's petition alleging trials, having been held up against Ansari due to his absence, Punjab government said that it was acting as per the medical opinion and that there was no “pre-conceived conspiracy” to keep Ansari away from UP.

In an affidavit, the Punjab government asked the court to dismiss the writ petition filed by the UP government.

It said that the writ petition by UP was not even maintainable in law since the state could not claim infringement of its fundamental right on account of Ansari’s detention in Punjab. It also claimed though Ansari faced trial in 14 cases in Uttar Pradesh, the law empowered the jail superintendent to abstain from complying with a judge’s order to hand over custody of a prisoner on account of sickness.

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“The responsibility of ensuring safe custody, wellness and good health of Ansari while in custody is solely of the jail superintendent and that all decisions taken were as per the mandate of the law, tempered with the express medical advice regarding the condition of the health of Ansari,” the affidavit stated.

A bench presided over by Justice Ashok Bhushan is to take up the UP government's petition on Monday.

Out of 26 production warrants issued by UP courts for Ansari’s appearance, the Punjab government has claimed that 10 of these were not received by the jail authorities.

On other dates, Ansari was advised “bed rest” by the government doctors and medical boards, the Punjab government claimed.

Ansari did not apply for bail in the FIR registered in Punjab in January 2019 and the police have also not filed any charge-sheet against him.

Ansari, for his part, apprehended threat to his life in Uttar Pradesh and sought to appear in cases through video conferencing only.