In Brief
A sitting MLA from Uttar Pradesh, facing multiple serious criminal trials before a Special Court for MPs/MLAs, was taken into custody from District Jail Banda in connection with an extortion case registered in Punjab. The Judicial Magistrate in Punjab sent him to Rupnagar Jail instead of returning him, where he remained for over two years. Uttar Pradesh sought his transfer back, but the Punjab jail repeatedly denied custody citing minor health ailments like diabetes and hypertension. The Supreme Court held the State maintainable as a "party interested" under Section 406 of the Criminal Procedure Code. While refusing to transfer the investigation (at preliminary stage), it invoked Article 142 to order the prisoner's transfer to Uttar Pradesh within two weeks, ensuring proper medical care, as the trivial health grounds were obstructing serious trials and the rule of law.
The lawyer headnote and full judgment text are available to registered users.