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State of Uttar Pradesh v. Jail Superintendent (Ropar) & Ors.

Writ Petition (Criminal) · 2021 INSC 223Decided 26 Mar 2021
Writ Petition (Criminal) No. 409 of 2020
Justice Ashok Bhushan · Justice R. Subhash Reddy

Background

The State of Uttar Pradesh filed a writ petition seeking directions to transfer a criminal case pending in Mohali, Punjab (against sitting MLA Mohd. Mukhtar Ansari, lodged in Roopnagar Jail, Punjab) to the Special Court for MPs/MLAs at Allahabad, and to have his custody transferred from Punjab to District Jail, Banda, Uttar Pradesh. UP's case was that despite several production warrants, Punjab jail authorities repeatedly refused to hand over custody citing minor ailments (diabetes, skin allergy, backache), effectively letting the accused avoid appearing before UP courts where multiple other criminal trials against him were pending. Connected Transfer Petitions seeking transfer of related proceedings were heard together.

Decision Breakdown

The Supreme Court held that the specific relief of transferring the criminal trial itself under Section 406 CrPC could not be granted because the Punjab case was still only at the investigation stage (no charge-sheet filed), so there was no "case" pending before a criminal court that could be transferred under that provision. However, exercising its extraordinary power under Article 142 of the Constitution, the Court directed the Punjab jail/police authorities to hand over custody of the accused to Uttar Pradesh within two weeks so he could be lodged in District Jail, Banda, and be produced before the Special Court for MPs/MLAs at Allahabad, while also directing that necessary medical care be provided to him in UP custody. The connected Transfer Petitions were dismissed as having no independent merit once this relief was granted.

Lesson Learnt

Even where a formal legal provision (like Section 406 CrPC) cannot be used because its technical conditions aren't met, the Supreme Court can use its special Article 142 powers to ensure substantive justice: here, ensuring an undertrial legislator actually faces the multiple pending trials against him rather than evading courts through repeated custody transfers between states.

Official source (sci.gov.in)View Judgment (PDF)

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