New Delhi, March 4: Solicitor General Tushar Mehta onThursday ridiculed Punjab government argument that gangster-turned-politicianMukhtar Ansari can tried in cases virtually. Mehta said if video-conferencingis the only mode of trial for an accused to appear from anywhere, then VijayMallya can face trial from the United Kingdom.
Mehta, appearing for the Uttar Pradesh government, contendedbefore a bench headed by Justice Ashok Bhushan cited there are several casespending against Ansari. Mehta slammed Ansari for making incorrect assertionsthat his life is in danger in UP, therefore he should be allowed be in a jailin Punjab. "A convict who has disobeyed the law of the land, cannot saythat he cannot be transferred. Courts are not to be helpless bystanders whenthe laws are being challenged with impunity", submitted Mehta.
Senior advocate Dushyant Dave, representing the Punjabgovernment, argued that the state government is upholding the Constitution andit does not care anything about Ansari. Dave contested Mehta's argument thatthere was some conspiracy between the Punjab government and Ansari."Punjab FIR is credible allegation of conspiracy is a figment ofimagination", submitted Dave, insisting on trial through videoconferencing. Ansari is lodged in district jail Rupnagar since January 2019, inconnection with an extortion case.
Mehta shot back saying that if video-conference is thatfavourable, then even Vijay Mallya would not be extradited to India, and he canface trial from UK.
Mehta submitted before the bench that he agrees that statedoes not have fundamental rights, but state as a prosecution represents thecitizens and victims, and can seek justice on their behalf.
Senior advocate Mukul Rohatgi, representing Ansari, arguedbefore the bench that his client was appearing in all courts and there is nocomplaint against that. He added his client apprehends that he is sent to UP,he will be done away with. "There are threats to my life. I am a 5-timeMP...my co-accused was encountered, and they are trying to shoot a gun from theshoulders of this court. This should not be allowed", said Rohatgi.
Dave submitted before the top court that Punjab respects thestate of UP and the same should be shown towards it too. "But, insteadpotshots were taken against us and newspapers reported it," added Dave.
After a detailed argument in the matter, the top courtreserved its judgment on the plea of UP government seeking a direction to thePunjab government and Rupnagar jail authority to immediately hand over thecustody of Ansari, an MLA from Mau constituency, to district jail Banda.
The UP government said there are more than 30 FIRs and morethan 14 criminal trial including heinous crimes of murder and Gangster Actpending against Ansari in various MP/MLA courts, where his personal appearanceis sought.