The Allahabad High Court has set aside the order of the Special Court MP/MLA Ghazipur to provide high class facilities to Mafia Mukhtar Ansari in jail. The court said that in view of the long criminal history of Mukhtar Ansari and the serious cases filed against him, he is not entitled to get higher class facilities. Also terming the order of the Special Court as extra-judicial, it said that the Sessions Court or the High Court has only the right to recommend a prisoner to be given higher class jail facilities. The state government has the right to take the final decision on which category of facility will be given to the prisoner in the jail. The court cannot order to give a higher class of facility.
Justice DK Singh has given this order on the petition of the state government after listening to Additional Government Advocate Ratnendu Kumar Singh and Mukhtar Ansari’s advocate Upendra Upadhyay. The state government challenged the order of Special Court MP / MLA dated 15 March 2022 by filing a petition.
The Special Court MP/MLA had directed Senior Jail Superintendent Banda in the case of murderous attack, criminal conspiracy registered against Mukhtar Ansari at Mohammadabad police station in Ghazipur that Mukhtar Ansari should be given high class facilities in the jail.
Additional government advocate Ratnendu Kumar Singh said that the order of the special court is extraneous as the court has the right to recommend only higher class jail facilities. The final decision in this regard can be taken by the State Government under the provisions of the Jail Manual. It is also clear in the jail manual that prisoners involved in serious crimes will not be given higher class facilities.
There are dozens of serious crime cases against Mukhtar Ansari. He has a long criminal history and therefore does not deserve a higher class prison facility. The court said that the special court had ordered to provide higher class facilities under the provisions of section 287 of the Uttar Pradesh Jail Manual, whereas this manual has been amended in 2022 by the Uttar Pradesh Jail Manual 2022. The court has canceled the order of the special court MP / MLA, declaring it out of jurisdiction.