The Allahabad High Court has transferred trial of the Usri Chhatti murder case, where mafia don Brijesh Singh is an accused, from the MP-MLA court of Ghazipur to MP-MLA court of Lucknow.
This has been done keeping in mind the threat to the applicant as another mafia don, Mukhtar Ansari, is a complainant in this case.
Allowing a transfer application filed by one Tribhuwan Singh, Justice Dinesh Kumar Singh said, “The sessions trial No. 304 of 2009 (state Vs. Brijesh Kumar Singh and others), arising out of case crime No. 251 off 2001 under section 302 (murder) and others, that occurred under police station Mohamdabad, Ghazipur district, is transferred from the court of special judge, MP-MLA, Ghazipur to special judge, MP-MLA court at Lucknow.”
“There can be no dispute regarding the terror, fear, influence, command and reach of the complainant Mukhtar Ansari, who is alleged to be a dreaded criminal and gangster. There is every likelihood of an untoward incident in district court, Ghazipur, where hundreds of his supporters, including dreaded criminals, gather in the court premises on every date of the trial proceedings.
“The presence of hundreds of persons inside the court is not only a threat to the general public, but also to the presiding officer. Therefore, this court finds that fair trial in the case would be an impossibility in the district court of Ghazipur, which is mandated by Article 21 of the Constitution of India.
“To ensure fair trial and maintain peaceful and congenital atmosphere inside the court, particularly when the state has no objection for transferring the trial from Ghazipur to outside the court, this court deems it appropriate to transfer the present case from district Ghazipur to another district,” the court observed.
Besides, the court also directed the state government to ensure and take precaution that no untoward incident takes place during the trial inside or outside the court premises. Further, the district judge, Lucknow will also ensure adequate provisions for security inside or outside the court, the court added.
In the present transfer application, the applicant had sought transfer of the aforesaid trial from Ghazipur, as according to him mafia don-turned-politician Mukhtar Ansari who is a former MLA, is the complainant in this case.
In July 2001, then Mau Sadar MLA Mukhtar Ansari’s convoy was attacked near Usri Chatti on Yusufpur Kasimabad road in Ghazipur. During the exchange of fire, Ansari’s bodyguard and a shooter named Manoj Rai from the attacker’s side died on the spot.
One of the injured later succumbed to his injuries and nine others were injured.
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