In Brief
Mukhtar Ansari, a sitting MLA, faced over ten serious criminal cases in Uttar Pradesh transferred to a Special Court (MP/MLA). After a case was registered against him in Punjab in January 2019, he was remanded to Roopnagar Jail in that state. The State of Uttar Pradesh sought his transfer back to Banda Jail to facilitate trial proceedings, citing repeated refusals of custody on dubious medical grounds. The Supreme Court held the petition partly maintainable under Section 406 of the Criminal Procedure Code (State is a 'party interested'). Though declining transfer under Section 406 since the Punjab case was at investigation stage, the Court invoked Article 142 to order his physical transfer to Banda Jail, finding the rule of law was being obstructed through pretextual medical denials. However, it dismissed related transfer petitions seeking to relocate the Pennsylvania case itself.
The lawyer headnote and full judgment text are available to registered users.