Supreme Court Issues Notice In Umar Ansari's Plea Alleging That His Father Mukhtar Ansari's Death Was Not A Death Simplicitor

The Supreme Court has issued notice in Umar Ansari's plea seeking inquiry into the death of his father Mukhtar Ansari.

The Bench of Justice Hrishikesh Roy and Justice SVN Bhatti was dealing with a Writ Petition filed under Article 32 of the Constitution by Umar Ansari in 2023, expressing concerns about an 'imminent and serious threat' to his father, Mukhtar Ansari, who was held in Banda Jail in Uttar Pradesh. After a change in circumstances, Ansari has moved an application to amend the writ prayer.

Notably, Mukhtar Ansari passed away due to cardiac arrest at a hospital in Banda, Uttar Pradesh, on March 28.

At the outset, Senior Advocate Kapil Sibal appeared for Umar Ansari and contended that the death took place during the holi vacations, with no access to any Court. Terming the incident "shocking," Sibal submitted, "This man (Mukhtar Ansari) was taken to the ICU and then sent back to jail."

To this submission, Justice Roy said, "We can't bring him back Mr. Sibal, you know that very well...of course you are anticipating an encounter kind of a situation."

Sibal submitted, "Yeah, but now that, your Lordships had protected us. Therefore, they decided to..."

"You see, this itself makes us realise how less powerful we are. We can't protect a person," Justice Roy remarked. 

Sibal requested that an inquiry be conducted. "At least some inquiry must be conducted as to how this happened (the death). Just see the documents," he submitted. The Senior Counsel also submitted, "The man (Mukhtar Ansari) did not pass stool for 10 days. He was sent back to jail on February 28, and then he died. This is after putting him in the ICU. This can't be; human beings in this country can't be treated like this."

Justice Bhatti pointed out that the 2023 Writ Petition's prayer will have to be amended. 

Sibal responded, "Yes. I have to amend the prayer. My Lords may give notice to allow us to amend the prayer."

The Bench then asked Additional Solicitor General (ASG) KM Natraj, appearing for the State of Uttar Pradesh, to file a response on the amended writ prayer. 

Additionally, taking note of the date of death of Mukhtar Ansari, the Court also noted that what the petitioner had apprehended has actually happened. "In the sense, that the petitioner's father, Mukhtar Ansari had died on 28.03.2024, while in custody," the Court said. 

"The Senior Counsel would argue that the convicted prisoner (Mukhtar Ansari) was denied the requisite medical treatment in the jail and according to the petitioner, this has lead to the death in custody. For this reason the petitioner has filed an application for amending the prayer in the Writ Petition. Issue notice on the application no..Mr. Natraj, the learned, ASG prayed for and is granted four weeks time to file response," the Court ordered. 

After dictation of the Order, Sibal submitted, "He (Mukhtar Ansari) kept on saying, I was poisioned. The food that was given was the cause of his death."

To this, the Bench recorded, "According to the Senior Counsel, the death was not a death simpliciter, but was the result of some specific action taken by the jail authorities."

In a related news, Umar Ansari was granted anticipatory bail by the Apex Court on May 6 in a case registered against him in Uttar Pradesh related to an event where his elder brother, Abbas Ansari, made a statement during his election campaign against the public authorities. The allegation was that they gathered at Pahadpura ground, made statements on stage about settling accounts with the Mau District Administration after the election, breaching the code of conduct and violating Sections 171-F and 506 of the IPC.

Cause Title: Umar Ansari v. State of Uttar Pradesh [W.P. (Crl.) No. 629/2023]