In the State of UP vs Jail Superintendent (Rooper jail), the Supreme court allowed the plea filed by the State of Uttar Pradesh under article 32 of the Constitution and section 406 of CRPC for transfer of MLA Mukhtar Ansari from Punjab Rooper Jail to Gazipur jail Uttar Pradesh.

“The bench held that Mukhtar Ansari handed over to the custody of UP within two weeks and he shall be logged in Banda Jail. The Superintendent of Banda Jail is directed to provide medical facilities to Mukhtar Ansari in jail”.

Justice Ashok Bhusan heading the bench directed that MLA Mukhtar Ansari would be handed over to the custody of the jailor of banda jail within two weeks from rooper jail in punjab.

The bench also observed the petition filed by Mukhtar Ansari for the transfer of criminal cases from the state of UP to Punjab.

The bench after observing the petition of Mukhtar Ansari dismissed it and decided not to transfer the cases filed against him in UP to Punjab.

The supreme court rejected the contention of mukhtar ansari that the petition filed by the state of UP is not maintainable in the court.

The court held that the petition filed by the state under article 32 of the constitution and section 406 of CRPC,1973 is maintainable. The state is a party interested under section 406(2) of CRPC,1973 and the crime against an individual is the crime against the state and public at large. In criminal administration, the state is the prosecution agency that works for the people and on behalf of the people.

BACKGROUND:

The writ petition filed by the state of UP stated that they want Mukhtar Ansari for the trial of various offences and Punjab was preventing the trial and kept Mukhtar in Rooper jail under fake medical grounds.

The state of Punjab and Mukhtar Ansari contended that the state has no fundamental right and the writ petition filed by the state of UP is not maintainable. Ansari further added that he had the threat to life in UP.

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