Allahabad HC Orders Full Police Security For Ex-MLA Mukhtar Ansari During Jail/Court Transfer, Bars Media Persons From Interviewing Him

The Allahabad High Court has directed the Director General of Police of Uttar Pradesh to accord full security to Ex-MLA Mukhtar Ansari while shifting him from one jail to another and while producing him before any Court from jail and on the way or any other place.

The bench of Justice Dr. Kaushal Jayendra Thaker and Justice Shiv Shanker Prasad also directed that no media person shall be permitted to interview him and that he would be accompanied by the police personnel during his ingress and egress from jail.

The Court passed this order taking note of the recent episode which occurred in the State of Uttar Pradesh, wherein in the garb of media persons, some criminals killed Mafia-turned-politician Atiq Ahmad and his brother Ashraf Ahmad live on camera while they were being taken by Police for a medical check-up in Prayagraj.

"Though we are not against media taking interview of the accused persons but looking to the recent episode this restriction would be in the interest of the under trial prisoner for their safety and security," the Court further clarified.

This order was passed in a criminal writ petition filed by Afshan Ansari who is the wife of Mukhtar Ansari seeking adequate safeguards and protection for her husband while he is lodged in District Jail Banda or any other jail and while he is produced before the Special Judge (MP/MLA Court), Allahabad or any other Court in Uttar Pradesh.

Before the Court, the state filed a reply by means of a counter affidavit stating that the jail authorities and the Police are taking every precaution for the security of Ansari while keeping him in jail or bringing him outside the jail to produce him before the Trial Court.

It was informed that when Ansari is taken out from jail, one Inspector, two Sub-Inspector, 2 Head Constables, 8 Constables and 2 drivers are used in order to provide security by the Superintendent of Police, Banda and on the report of the Superintendent of Police, Ghazipur, Additional Superintendent of Police, Ghazipur has been appointed as Nodal Officer for providing full proof security while producing him in Court and in the way whenever he is produced in District Ghazipur.

The counter affidavit also stated that Ansari has been provided maximum security in District Jail, Banda and while taking him from Jail to the Court. The security has been provided in accordance with the norms and standards provided in Chapter-XXXV of the Jail Manual and a total of 70 CCTV cameras have been affixed in the Jail, which is being monitored by the Inspector General of Jail and the Inspector General of Police, Head Quarter.

Accepting the averments made in the counter affidavit on behalf of the State, the Court requested the Director General of Police, U.P., respondent no. 3 to also ensure the safety of the husband of the petitioner as he is apprehending a threat to his life in the jail, where he is incarcerated. 

Consequently, with these observations and the averments made in the counter affidavit that full and proper security is being given to Ansari, the petition was allowed and the prayers were granted.

Appearances

Counsel for Petitioner: Sr. Advocate Ajay Srivastava, Advocate Upendra Upadhyay

Counsel for Respondent: G.A.

Case title - Afshan Ansari vs. State Of U.P. And 4 Others [CRIMINAL MISC. WRIT PETITION No. - 7925 of 2021]

Case Citation: 2023 LiveLaw (AB) 145

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