SC denies transfer request for Mukhtar Ansari, requests modification of plea

SC denies transfer request for Mukhtar Ansari, requests modification of plea

In a recent legal development, the Supreme Court of India has dismissed the transfer request presented in a Writ Petition by Umar Ansari, the son of former gangster turned politician Mukhtar Ansari. The plea sought the relocation of Mukhtar Ansari from Banda Jail in Uttar Pradesh to a facility outside the state, specifically one governed by a political party other than the BJP. The court accepted the objection raised by the State of Uttar Pradesh and directed the petitioner to amend the prayers. The proceedings have been adjourned until Friday.

The Writ Petition, filed under Article 32 of the Constitution, expressed concerns about a perceived "imminent and serious threat" to Mukhtar Ansari, currently incarcerated in Banda Jail. The petitioner claimed that there is a plan to assassinate his father before the 2024 General Elections, likely in December 2023, for political gain.

The Writ Petition argued that the State of Uttar Pradesh has consistently maintained a personally hostile stance towards the Ansari family, especially Mukhtar Ansari. Allegations of conspiracies within the state establishment to assassinate him while in Banda jail were raised. Senior Advocate Kapil Sibal, representing the petitioner along with Advocate-on-Record Lzafeer Ahmad B. F., informed the Court about the case's background.

Sibal highlighted the deaths of co-accused individuals, including the murder of Krishnanand Rai affiliated with a specific political party. He provided details on the deaths of eight named suspects, with four of them already killed. Sibal also mentioned the killing of individuals like Sanjeev Maheshwari, Rakesh Pandey, Prem Prakash Singh, and Firdaus, providing a context for the perceived threat to Mukhtar Ansari's life.

In response to the petitioner's concerns, Justice Sabdeep Mehta and Justice Hrishilesh Roy commented on the prevailing security situation and noted that security orders had already been issued. However, Sibal insisted on the transfer of Mukhtar Ansari outside of Uttar Pradesh for his protection. Additional Solicitor General K.M. Nataraj, representing the State of Uttar Pradesh, opposed the relief sought, emphasizing that the specific nature of the prayer raised serious concerns.

Justice Roy concurred with the State's position, affirming that the prayer needed amendment before consideration. Sibal requested the modification to be allowed by Friday, and the Court granted the liberty to modify the plea appropriately. The matter is set to be listed on Friday for further consideration.

The Writ Petition highlighted incidents, despite heightened security measures ordered by the Allahabad High Court, where unidentified and suspicious persons visited the jail barracks, raising concerns about the safety of Mukhtar Ansari. These incidents occurred on May 18, 2023, as well as on April 1 and April 19, 2023, as outlined in the petitioner's claim.

Case: Umar Ansari Vs. The State Of Uttar Pradesh & Ors.

[W.P.(Crl.) No. 000629 - / 2023].


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