Supreme Court Directs UP Govt To Provide Reports On Mukhtar Ansari’s Custodial Death To His Son Umar Ansari
The Supreme Court today directed the Uttar Pradesh government to furnish the judicial, magisterial, and medical inquiry reports on the custodial death of gangster-turned-politician Mukhtar Ansari to his son, Umar Ansari, within two weeks.
Notably, Mukhtar Ansari passed away due to cardiac arrest at a hospital in Banda, Uttar Pradesh, on March 28.
The Court was dealing with a Writ Petition filed under Article 32 of the Constitution by Umar Ansari in 2023, expressing concerns about an 'imminent and serious threat' to his father, Mukhtar Ansari, who was held in Banda Jail in Uttar Pradesh. After a change in circumstances, Ansari had amended the prayer in the writ petition.
Senior Advocate Kapil Sibal, appearing for Umar Ansari, emphasized the need for transparency, pointing out discrepancies between the state’s claim of a heart attack as the cause of death and the family’s concerns about custodial safety. “They say he died of a heart attack. Let them give us the reports,” Sibal submitted.
The State of Uttar Pradesh, represented by Additional Solicitor General (ASG) KM Natraj via video conferencing, acknowledged the request and agreed to provide the reports. The ASG stated, “There is no difficulty as such in filing the report,” and noted that the initial plea sought the transfer of Mukhtar Ansari to another jail, a request rendered moot by his death.
Justice Roy observed, “The stand of the son was that he continued to voice fears about the safety in the jails of Uttar Pradesh. Since the person has died in custody, he just wants access to the report.”
The Bench noted, "In the counter affidavit on behalf of the State of UP. It is submitted that the convicted, Mukhtar Ansari, died on 28.03.2024 while he was in custody. Thereafter, a postmortem was conducted by a panel of doctors who have opined that the death was caused by a heart attack, i.e., a natural cause. Mr. Kapil Sibal, appearing for the petitioner (son of the deceased), submits that a copy of the medical report be furnished. So that appropriate response can be filed. ASG submits that a copy of the report as mentioned in Para ...of the counter affidavit will be furnished to the petitioner within 2 weeks to the petitioner."
The Court directed the state to provide copies of the medical, judicial, and magisterial inquiry reports, as referenced in the state’s counter affidavit, to the petitioner. It further clarified that Umar Ansari could file a response within three weeks of receiving the reports.
"The requisite medical report and government magisterial report will be furnished within 2 weeks. The petitioner, if wants to file any response, shall do so in 3 weeks thereafter," the Court ordered.
It is to be noted that on July 15, 2024, the Apex Court had issued notice in Ansari's petition. The Bench had recorded, "According to the Senior Counsel, the death was not a death simpliciter but was the result of some specific action taken by the jail authorities."
In a related news, Umar Ansari was granted anticipatory bail by the Apex Court on May 6 in a case registered against him in Uttar Pradesh related to an event where his elder brother, Abbas Ansari, made a statement during his election campaign against the public authorities. The allegation was that they gathered at Pahadpura ground, made statements on stage about settling accounts with the Mau District Administration after the election, breaching the code of conduct and violating Sections 171-F and 506 of the IPC.
Cause Title: Umar Ansari v. State of Uttar Pradesh [W.P. (Crl.) No. 629/2023]
