Friday, April 16, 2021
400 GTB

NNP Pardarshi

NNP LawOrder 11 04 2021

NNP Farmers

navan naroa 30

state mega job fair

Edu 20 March

Ayushman 11 04 2021

Markfed Sohna New

Verka Ice Cream

Innocent Hearts INNOKIDS Banner

Mukhtar Ansari custody: Punjab, UP spar over Article 32 use

- Advertisement -

New Delhi, Feb 24, 2021-
The Uttar Pradesh and the Punjab governments have locked horns over whether a state government can file a petition under the Constitution’s Article 32 to claim fundamental rights.

The UP government had moved the Supreme Court under this constitutional provision seeking direction to the Punjab government and Rupnagar (Punjab) jail authority to immediately hand over gangster-turned-politician Mukhtar Ansari’s custody to Banda (UP) district jail. Ansari is lodged in the Rupnagar jail since January 2019.

Citing the top court verdict in Union of India vs V. Sriharan, the UP government contended that the court entertained the petition filed by the Centre as there existed dispute between it and a state bearing directly on fundamental rights.

“It is submitted that there exists no explicit or implicit bar for filing a Petition under Article 32 by the state as long as there exists a requirement of order/direction to be passed by the Hon’ble Court to ensure the protection of fundamental rights enshrined under Part III of the Constitution”, said the UP government in written submissions filed through advocate Garima Prasad.

Article 32 deals with ‘Right to Constitutional Remedies’, and gives the right to move the apex court for the enforcement of the rights conferred in the Constitution.

In Ansari’s custody, the UP government said that in the present case, the dispute is between two states affecting the fundamental right to speedy trial which is implicit in Article 14, 19(1) (a) and 21 of the Constitution. “It is submitted that there is no restriction specified as to who per se can file a petition for the enforcement of fundamental rights of the citizens under Article 32, thus, anyone including the state, can also approach this Hon’ble Court seeking reliefs pertaining to the enforcement and protection of the Fundamental Rights,” it added.

The Punjab government has contested these claims, saying that only a citizen can move the top court under Article 32 to claim fundamental rights and a state cannot invoke this provision. “State by itself has not been given any right to move this court under Article 32 under any circumstances.. therefore, the state of UP is not competent to file the present writ petition as it is neither citizen to whom the right is conferred and neither it has any fundamental rights which are exclusively conferred upon citizens,” it said, seeking dismissal of UP’s plea.

Earlier in the day, the Uttar Pradesh government told the Supreme Court that the Punjab government is “shamelessly” protecting Ansari as he is not being handed back to UP where he faces trial for several heinous offences before a special MP/MLA court.

The UP government added that more than 30 FIRs and more than 14 criminal trials including heinous crimes of murder and under Gangster Act are pending against Ansari in various MP/MLA courts, where his personal appearance is sought. (Agency)

- Advertisement -

Yes Punjab - TOP STORIES

Punjab News

Sikh News

Transfers, Postings, Promotions

- Advertisement -SGPC Wheat Appeal

Stay Connected

20,405FansLike
112,826FollowersFollow

ENTERTAINMENT

Ashutosh Rana tests positive for Covid-19

Mumbai, April 14, 2021- Actor Ashutosh Rana has tested positive for Covid-19. The 53-year-old actor shared the news on Facebook while wishing fans on the...

Jackie Shroff packs a punch, with health tip

Mumbai, April 14, 2021- Actor Jackie Shroff on Wednesday reiterated a basic maxim to underline the need to look after one's health. Jackie posted a picture...

Katrina Kaif has just herself for company

Mumbai, April 14, 2021- Bollywood star Katrina Kaif, who tested Covid positive earlier this month, is currently enjoying her own company, going by her social...

Rahul Roy tests Covid positive

Mumbai, April 14, 2021- Actor Rahul Roy on Wednesday took to social media to inform netizens that he has tested positive for Covid-19 along with...

National

GLOBAL

OPINION

Justice Ranjit Singh

Rare for Courts to interfere in the investigation of a crime: Justice Ranjit Singh on Kotkapura firing case

So far justice has eluded those who suffered at the hands of trigger happy police officials who had killed and injured various persons sitting...
Woman Working on Laptop

10 Best Side Business Ideas for Women in 2021

Are you desperately looking and searching for new ideas for side business for women? There are a lot of business ideas for women, and we...
Model Mosque

A model mosque – by Asad Mirza

The Muslim community should try to evolve the construction of the mosques, at a lesser cost besides fulfilling both functional and practical needs, and...

SPORTS

Health & Fitness

Social Isolation

Social isolation may reduce face recognition ability: Study

New York, April 15, 2021- A solitary lifestyle can have profound effects on the brains' abilities to recognise faces, finds a study on wasps with implications on humans facing social isolation due to the coronavirus pandemic. Paper wasps -- a social insect -- recognises the brightly coloured faces of other paper wasps. But, when reared in isolation, they tend to lose...

Gadgets & Tech

error: Content is protected !!