[Mukhtar Ansari] State can espouse cause of citizens who suffer violation of fundamental rights through Article 32 plea: SG Tushar Mehta

The Supreme Court today reserved its judgment in a plea filed by the State of Uttar Pradesh seeking the transfer of gangster-turned-politician Mukhtar Ansari from Punjab's Ropar jail to UP's Ghazipur jail..Appearing for the UP government, Solicitor General Tushar Mehta today countered the argument that the State cannot invoke Article 32 of the Constitution in this case. He argued that the State was espousing the cause of the people with respect to the fundamental rights violations committed by Ansar.."I concede that State does not have remedy under Article 32, but as a guardian of fundamental rights of citizens, I can espouse that right before you under Article 32. One of the judgments note that State in such cases espouse the cause of the victim and takes their position. The greater is community interest the greater is our responsibility," submitted Mehta..However, Senior Advocate Dushyant Dave, appearing for Punjab, stated that Ansari was only a "citizen criminal" with whom the State had nothing to do..He further submitted that the plea by the UP government under Article 32 and Section 406 of the Code of Criminal Procedure (CrPC) was not maintainable.."For a state to come under Article 32, it defeats the objective for which the Article was incorporated by BR Ambedkar. Ambedkar had stated that without the Article, it will render the Constitution to nullity. Entire CrPC is against Mr Mehta's argument. Suddenly Article 32 plea cannot be filed and question the medical report and pick up Ansari from Punjab," argued Dave..Dave further argued that to corroborate whether the FIR was correct or not, a voice sample was tested to ensure that the extortion call for which Ansari was arrested was indeed by Mukhtar Ansari..Appearing for Ansari, Senior Advocate Mukul Rohatgi submitted that the only reason why his client was being targeted by the UP government was because of his political affiliation."Because of my political affiliation to a party in opposition, I am being targeted. My co-accused was encountered. UP has an axe to grind against Punjab and Court should not allow shoulders of Supreme Court to be used to fire a gun. This should not be allowed," said Rohatgi..He countered the contention that Ansari was delaying proceedings in UP trial cases due to his unavailability, as Ansari was continuously appearing in those cases through video conferencing.Rohatgi added that in past year itself, Ansari was acquitted in three UP cases in which he had appeared virtually..In its petition before the Supreme Court, the Uttar Pradesh government alleged that Ansari is trying to “play with the federal structure” and is misusing the provisions of the CrPC..The UP government claimed that the Punjab government was "vociferously defending" Uttar Pradesh Member of Legislative Assembly Mukhtar Ansari and stalling his transfer from Ropar Jail to Ghazipur Jail..The Court had earlier directed the Punjab government to file a detailed reply on the pending case against Ansari, including the status of trial. The State government was also directed to file a report on his medical condition..On the last date of hearing, Dave sought to draw comparisons with Kerala journalist Siddique Kappan, who was arrested by the UP Police while he was on his way to cover the Hathras gang rape case.."Can Kerala govt seek transfer of Siddique Kappan from Uttar Pradesh to Kerala?" Punjab govt opposes UP's plea for transfer of Mukhtar Ansari