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Judiciary

UP govt objects before SC plea by gangster-politician to shift to non-BJP ruled state

By LAWSTREET NEWS NETWORK      14 December, 2023 10:43 AM      0 Comments

NEW DELHI: The Uttar Pradesh government on Wednesday objected before Supreme Court a plea made for shifting gangster-politician Mukhar Ansari lodged in Banda jail "to a state ruled by a party other than the BJP".

A bench of Justices Hrishikesh Roy and Sandeep Mehta said it would not entertain the matter until prayers were suitably amended.

The court, however, allowed Ansari's son Umar to amend his prayer in the writ petition.

It fixed the matter for consideration on Friday.

Additional Solicitor General K M Nataraj asked the bench to just look at the plea made in the writ petition and asked if the court should at all consider such a request.

Senior advocate Kapil Sibal, appearing for Umar Ansari, immediately agreed to amend the prayers and requested the court to grant time for it.

"You amend the petition and then we will hear," the bench told Sibal.

At the outset, Sibal submitted the petitioner's father was an accused in the murder case of BJP MLA Krishnanand Rai. All the accused were acquitted in the case. Out of eight accused, four have already been shot down.

He also referred to the killings of former MP Atiq Ahmad and his ex-MLA brother Khalid Azim alias Ashraf before the live Television, to point out the threat perception for Ansari, who was shifted from Punjab to Banda jail.

The bench, however, pointed out to Sibal that the order for security has already been provided by the High Court.

"You know our Prime Minister (Indira Gandhi) could not be protected as her own security guards killed her," the bench said.

Sibal, however, contended there was a genuine threat perception in his case.

Ansari's Son, Umar Ansari has filed a plea in the Supreme Court earlier this month seeking a direction to shift his father from Banda jail in Uttar Pradesh to any other state ruled by any other party than the BJP, in view of a grave danger and imminent threat to his life due to conspiracy to assassinate him.

He also sought a direction for his father to be produced before courts only through virtual conferencing in pending cases, in view of information received by the jailed gangster of the plan afoot by several actors within the state to eliminate him.

The petitioner claimed the modus operandi of assassination of his father, five-term MLA would be one which is not novel but as has been used to carry out killings in jail in several other cases.

He also referred to "disturbing pattern of extra judicial killings" of several accused persons including former MP and gangster Atiq Ahmad and his brother Khalid Azim alias Ashraf.

"This court cannot be a helpless bystander when the rule of law is being challenged with impunity to the prejudice of this petitioner and his father," his plea said.



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