VidhiSangh

Supreme Court of India · 26/03/2021

MLA FROM MAU DISTRICT, UP versus JAIL SUPERINTENDENT (ROPAR) & ORS.

[2021] 2 S.C.R. 863 · 2021 INSC 223

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Summary

The Supreme Court held Uttar Pradesh to be a party interested entitled to apply under section 406 CrPC, but refused transfer of the Punjab case because it remained under investigation. Separately exercising Article 142, it directed transfer of Mukhtar Ansari’s custody from Roopnagar Jail to Banda within two weeks to facilitate pending trials, with necessary medical care. It did not decide Article 32 maintainability or find the alleged conspiracy proved.

Issues

  1. Whether a State is a party interested under section 406 CrPC and whether that provision permits transfer at the investigation stage.
  2. Whether Article 142 justified interstate transfer of the undertrial’s custody to facilitate pending trials.

Provisions considered

Held

Result

Writ petition partly allowed: custody transfer ordered under Article 142, but transfer of the Punjab case refused. Connected Transfer Petitions (Criminal) 104–114 of 2021 dismissed.

Judgment PDF: Supreme Court of India, [2021] 2 S.C.R. 863.