NEW DELHI: Sharpening attack on Capt Amrinder Singh government over non-handing over of gangster-turned-MLA Mukhtar Ansari‘s custody, the UP government on Wednesday accused
of taking away the criminal neta in a well planned conspiracy to delay the trial in ten heinous crimes before an Allahabad special court.
Yogi Adityanath government
through counsel Garima Prasad told the SC that Ansari was taken away by Punjab police and confined to Roopnagar jail in a 2019 case of alleged demand of ransom, in which the chargesheet has not been filed even after two years. However, Ansari surprisingly has not even sought default bail, which he is entitled to when the police does not conclude investigation and file a final report within 90 days of registration of the
, it said.
It said the Banda Jail superintendent, who allowed the Punjab police to take custody of Ansari without seeking permission from the Special court set up to try criminal cases against MPs/MLAs, has been put under suspension by the UP government.
"Looking at the chain of events and chronology it appears that the transfer of custody of Ansari is meticulously planned and raises a strong suspicion of conspiracy to delay the proceedings before the Special Judge (MP/MLA), Allahabad," the UP government said seeking a direction to the Punjab government to handover custody of Ansari to UP police for expeditious trial in ten heinous cases of murder, extortion, cheating, fraud and offences under the U.P. Gangsters and Anti-Social Activities (Prevention) Act.
A bench of Justices Ashok Bhushan and R S Reddy adjourned the hearing at the request of Punjab counsel Dushaynt Dave, but not before solicitor general Tushar Mehta gave vent to the frustration of UP government over the stubbornness of Punjab government to attempt stalling of handing back Ansari. "Punjab is shamelessly protecting Ansari from facing trial in heinous offences in UP," Mehta said.
told the bench that his client was a small fly and wondered as to why two mighty governments are fighting over him. "If I am so important, make me the chief minister," Rohatgi said in a lighter vein. Responding on the same note, Mehta said, "Possibly that is what Punjab is trying to do." The bench adjourned hearing to Tuesday.
In its written submissions, UP government defended its decision to move the court invoking Article 32, which the Punjab government had faulted saying if there was a dispute between two states, then UP should have moved a suit under Article 131 of the Constitution.
The Yogi government said, "The principal purpose of criminal justice administration is to preserve and protect the Rule of Law, which implies, enforcement of law, maintenance of order, just, fair and speedy trial, punishment of offenders, rehabilitation of offenders and a solace to victims of crimes. The interest of Ansari to avoid the criminal court proceedings pending against him in UP would amount to denial of justice to the victims in those cases."
"Administration of criminal justice is bestowed upon the State on behalf of the victims of crime on the premise that a crime against a citizen is a crime against the State. The UP government has an onerous and foremost duty to uphold citizens' trust and belief in the administration of justice under the aegis of State," it said.