"Trial Must Not End In A State-Sponsored Encounter"; BSP MLA Mukhtar Ansari's Wife Moves SC Seeking Protection Of Husband's Life

Stating that Ansari is a well-known political figure who has contested elections successfully in opposition of BJP, the current ruling party in UP, the plea submits that there is grave political acrimony and that as Ansari is a witness in several cases wherein influential members of the ruling party are the accused, pressure is being exerted to have him killed.

"The Petitioner is left with no remedy but to approach this Hon'ble Court as there is grave and immediate threat to her husband's life in the State of UP which was also noted by this Hon'ble Court in the judgment dated 26.03.2021."

Filed by AOR Parul Shukla, the petition therefore seeks necessary directions to the Respondents in the UP Home Department, Director-General of Police and Jail Superintendent, Banda Jail, UP, to ensure that the Petitioner's husband can participate in a "free and fair trial in the State and is not killed/encountered in the process".

The plea cites the judgment of Asha Ranjan v. State of Bihar to drive home the point that while considering the proposition of transfer of a prisoner from one jail to another, the Court has the obligation and duty to ensure free and fair trial.

"Thus, this Hon'ble Court has mandated that fair trial in its ambit requires fairness to accused, to victim, to prosecution and to collective interest of society at large and no one can claim absolute predominance over the other."

It goes on to submit that while the Supreme Court directed in its 26^th March order that the custody of the Petitioner's husband would be handed over to the jail authorities at Banda, adequate protection must be provided to him by the designated authorities so that the trial reaches a conclusive end and it does not end in a State-sponsored encounter.

The plea also provides detailed events of past attacks and threats against Mukhtar Ansari in order to substantiate that the threat to his life is not a mere apprehension, but has taken place in reality. It has been submitted that BJP MLAs Brijesh Singh and Tribhuvan Singh, along with their associates have tried to attack Ansari in the past and are conspiring to kill him now as he is a witness in cases wherein they are the accused.

"The mafia don Brijesh Singh has become highly influential in the State of UP despite being incarcerated in jail and continues to be a constant threat to the life of Petitioner's husband. The political rivalry between Brijesh Singh and the Petitioner's husband is well known in the State of Uttar Pradesh and associates of Brijesh Singh have been blatantly making public statements to take the Petitioner's husband's life".

Averring that the aforementioned factors clearly show the constant outside interference in the trial of Ansari as well as impending threat to his life, the plea states that the Petitioner is "in complete fear that now any time an untoward incident can happen to her husband but for protective directions passed by this Hon'ble Court".

The plea further refers to the encounter of Vikas Dubey wherein the State of UP was highly criticized and submits that the rights guaranteed to the Petitioner's husband under Article 14 and Article 21 must be protected by the Supreme Court.

It is also contended that the Petitioner has been informed from sources that "some shooter in the guise of a lawyer along with the lawyer will carry out the murder/ruthless killing of her husband during the course of his appearance before the Special Judge (MP/MLA), UP and these plans are being made at the behest of some higher rank officers at the behest of the Government of Uttar Pradesh".

In light of the above, the plea prays for necessary directions to be given to the Respondents to ensure that the life of the Petitioner's husband is protected and accordingly, his rights under Article 21 are safeguarded by videographing his transit from one jail to another and from jail to the Court, as well as to direct that his production before the Court is carried out in presence of officers of CRPF/BSF.