No relief for BSP MLA Ansari as Mohali court turns down plea for medical board

By LE Desk

Mohali, April 1: A district court in Mohali on Thursday turned down BSP MLA Mukhtar Ansari’s plea to constitute a medical board for examining him, paving way for the gangster-turned-politician’s transfer to a jail in Uttar Pradesh as ordered by the Supreme Court on March 26.

Turning down Anasri’s plea, Judicial Magistrate Ist Class (JMIC) Amit Bakshi said that after the apex court order there is nothing on record to suggest that there has been any fresh medical issues with the accused. The court directed the Mohali jail superintendent to comply with the Supreme Court order, The Indian Express reported.

The apex court, in its verdict on March 26, had invoked its powers under Article 142 of the Constitution—which enables it to pass orders to ensure “complete justice”— to direct the Punjab police to hand over custody of Ansari to Uttar Pradesh within two weeks so that he could face trial in a series of criminal cases. A bench of Justices Ashok Bhushan and R Subhash Reddy had also pulled up Punjab for denying Ansari’s custody to Uttar Pradesh by citing a litany of “trivial” medical issues.

The Mohali court order comes a day after Ansari attended a hearing on Wednesday in wheelchair.

Ansari, through his counsel, Advocate Raj Sumer Singh, had moved an application seeking directions to the jail authorities for getting the UP legislator examined by a medical board for “acute ailments and medical distress”. Ansari also sought that a reply be sought from the Ropar jail superintendent before deciding on the application.

The Mau MLA’s counsel submitted in the court that Ansari had suffered a “medical emergency” on March 29, 2020, and since then had been facing acute chest pain. It was also submitted that Ansari had a medical condition and had suffered two major heart attacks and it is feared that if he is denied proper medical assistance, he might succumb to his ailments.

Citing the Supreme Court order, the counsel stated that as Ansari had to travel to UP, keeping in view his medical condition, he be treated through a recognised government medical hospital in Mohali by constituting a board.

After hearing the contentions, the court observed that the apex court in its march 26 order had considered that because of his ill health, Ansari’s custody was not handed over to the UP Police.

“Once the apex court has already considered the plea of the accused regarding his medical condition, and there is nothing on record which could suggest that after passing of the order on March 26, there has been any fresh medical issues with the accused, no separate order to constitute a board for treatment of accused is required to be passed. No reply on behalf of jail superintendent would be required, as the jail superintendent is duty bound as per law to provide appropriate medical facility to the accused as per his medical condition (if any), as per the jail manual and also to comply with the order of March 26,” the court observed.

It also directed that as Ansari is in judicial custody, the jail superintendent, at the time of transferring his custody to UP will mention that in the (extortion) case (being heard by the Mohali court), he be produced through video conferencing on April 12.

Ansari, accused in several cases of heinous crimes registered in Uttar Pradesh, is lodged in Punjab’s Ropar district jail in connection with an alleged extortion case since January 2019.

The UP government had earlier contended that Ansari has been dodging the judicial system and is running his alleged illegal activities from the Ropar jail. It had alleged in the apex court that there is collusion between Ansari and Punjab Police, a charge refuted by the Congress government in Punjab.

While Ansari, in a petition filed in apex court, had sought sought transfer of his cases in UP to outside the state claiming that he was being targeted because of his political affiliation to a party in opposition, the Punjab government had said that the mau MLA has been unwell and central government-owned PGI Chandigarh has been given him the medical certificates from time to time.

Meanwhile, accusing the Congress of backing Ansari, Minister of State for Parliamentary Affairs in Uttar Pradesh, Anand Swarup Shukla Thursday said the Yogi Adityanath government will “drag” him to his state from a Punjab jail.

“The DNA of Congress is standing with anti-social elements especially Islamic terrorists. As per its character, Congress is standing with Mukhtar Ansari. Yogi government will drag Ansari back from Punjab jail to Uttar Pradesh,” said Swarup while talking to reporters in Ballia.

“Ansari is involved in several cases and will get punishment as per court’s order,” the minister said.

Ansari’s wife had on Wednesday written to President Ram Nath Kovind, expressing fears that her husband will be killed in a fake encounter while being transferred from Punjab to Uttar Pradesh following the Supreme Court direction.

https://indianexpress.com/article/india/no-relief-for-ansari-as-mohali-court-turns-down-plea-for-medical-board-7254832/