Today(on 15th July),The Supreme Court has issued a notice on Umar Ansari’s plea for an inquiry into his father Mukhtar Ansari’s death in Banda Jail, Uttar Pradesh. Senior Advocate Kapil Sibal, representing Umar Ansari, emphasized the urgency due to concerns of a threat to Mukhtar Ansari, a former politician, who passed away from cardiac arrest on March 28.
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NEW DELHI: Today(on 15th July), The Supreme Court has issued a notice regarding Umar Ansari’s plea seeking an inquiry into the death of his father, Mukhtar Ansari. The Bench, comprising Justice Hrishikesh Roy and Justice SVN Bhatti, is addressing a Writ Petition filed under Article 32 of the Constitution by Umar Ansari in 2023.
The petition expressed concerns about an “imminent and serious threat” to Mukhtar Ansari, who was held in Banda Jail, Uttar Pradesh.
Mukhtar Ansari, a former politician, passed away due to cardiac arrest at a hospital in Banda, Uttar Pradesh, on March 28. This led Umar Ansari to amend his writ prayer, given the change in circumstances. Senior Advocate Kapil Sibal, representing Umar Ansari, highlighted that the death occurred during the Holi vacations, rendering the courts inaccessible at the time.
Terming the incident “shocking,” Sibal stated-
“Mukhtar Ansari was transferred from the ICU back to the jail.”
In response, Justice Roy remarked-
“Mr. Sibal, we cannot bring him back; you are well aware of that. It seems you are anticipating a situation akin to an encounter.”
Sibal responded-
“Yes, but now that Your Lordships have protected us, they have decided to…”
Justice Roy then commented-
“This situation itself shows us how powerless we are. We cannot protect a person.”
Sibal pressed for an inquiry, stating-
“At the very least, an inquiry should be conducted to determine how this happened (the death). Just review the documents.”
Further elaborating, Sibal said-
“The man (Mukhtar Ansari) did not have a bowel movement for 10 days. He was returned to jail on February 28 and subsequently passed away, even after being placed in the ICU. This is unacceptable; human beings in this country should not be treated in this manner.”
Justice Bhatti noted that the prayer in the 2023 Writ Petition would need to be amended. Sibal agreed, saying,
“Yes, I need to amend the prayer. My Lords, may I request permission to amend the prayer?”
Following this, the Bench instructed Additional Solicitor General (ASG) KM Natraj, representing the State of Uttar Pradesh, to file a response on the amended writ prayer.
ALSO READ: SC Issues Notice on Abbas Ansari’s Appeal to Attend Father Mukhtar Ansari’s ‘Fatiha’ Ceremony
The Court also acknowledged the date of Mukhtar Ansari’s death, observing that the petitioner’s fears had come true.
“In essence, the petitioner’s father, Mukhtar Ansari, passed away on 28.03.2024, while in custody.”
– the Court stated.
The case of Mukhtar Ansari, a convicted prisoner, has brought to light serious allegations against the penal system concerning the denial of necessary medical care leading to his alleged custodial death. According to the Senior Counsel representing the petitioner, the absence of adequate medical treatment in prison played a pivotal role in the demise of Ansari, which the petitioner claims was unjust and preventable.
The situation has escalated to the point where the petitioner has found it necessary to request amendments to the prayer in the Writ Petition. Highlighting the gravity of the matter, the Court has responded to these charges by issuing a notice on the application.
“The Senior Counsel will argue that the convicted prisoner, Mukhtar Ansari, was denied necessary medical treatment in jail, which, according to the petitioner, led to his death in custody. Therefore, the petitioner has filed an application to amend the prayer in the Writ Petition. Notice is issued on the application.”
– declared the Court in a recent order.
Further complicating the matter, Mr. Natraj, the learned Assistant Solicitor General (ASG), has been granted a four-week extension by the Court to prepare and file a response. This development underscores the intricate legal nuances and the severity of the accusations involved.
ALSO READ: BREAKING | SC Grants Bail to Abbas Ansari for Attendance at Mukhtar Ansari’s ‘Fatiha’
In a poignant revelation during the court proceedings, Kapil Sibal, representing Ansari, conveyed his client’s distressing claims made prior to his death.
“He (Mukhtar Ansari) repeatedly said, ‘I was poisoned. The food given to me caused my death.'”
– Sibal reported, shedding light on Ansari’s grave accusations against the prison authorities.
The bench acknowledged these assertions, noting-
“According to the Senior Counsel, the death was not a simple death but resulted from specific actions taken by the jail authorities.”
The Ansari case has also had repercussions for his family members. In related news, Umar Ansari was recently granted anticipatory bail by the Apex Court on May 6 in a separate case registered against him in Uttar Pradesh. This case pertains to an event involving his elder brother, Abbas Ansari, who allegedly made provocative statements during his election campaign.
“The allegation was that they assembled at Pahadpura ground, made statements on stage about settling scores with the Mau District Administration after the election, which violated the code of conduct and breached Sections 171-F and 506 of the IPC.”
– the legal documents disclosed.
