The Supreme Court on Friday dismissed the plea filed by the wife of Sanjeev Maheshwari Jeeva, an aide of gangster-politician Mukhtar Ansari, who was killed on the Lucknow court premises.
The plea challenged the Allahabad High Court’s order dismissing the petition for police protection for her husband.
A vacation bench of Justice A S Oka and Justice K V Viswanathan, stated that nothing remains in the matter now.
“You are seeking relief for whose benefit now? You are seeking relief for the benefit of a person who is no more,” the bench said, adding, “Even if we set aside this order (of the high court), can we grant you the relief which was sought before the high court?” The top court stated that the petitioner had sought relief from the high court for the benefit of her husband, who is now no more.
“Now it is an admitted position that the petitioner’s husband is no more. Therefore, no relief can be granted in this SLP (special leave petition). Accordingly, SLP is disposed of,” the bench stated.
Jeeva (48), who was serving a life term in a Lucknow jail, was shot dead when he was brought to a Lucknow court for hearing in a case.
In its May 5 order, the high court had noted the submissions of the state’s counsel that for the same set of cause of action the petitioner had earlier preferred a plea and a coordinate bench of the high court had in February 2018 disposed it of with a direction to the Uttar Pradesh police chief and the superintendent of district jail, Mainpuri to take appropriate care of her husband and ensure no injury is caused to him during the course of imprisonment.
The Supreme Court had previously declined an urgent hearing on a separate plea by Jeeva’s wife, who sought anticipatory bail in a criminal case. The bench stated that Jeeva’s funeral had already taken place and there was no immediate urgency in the matter.
The bench was informed by the Uttar Pradesh Additional Advocate General that the petitioner did not attend the funeral, which was conducted by her son. The police had assured that no coercive action would be taken against the petitioner if she had attended the funeral.
Therefore, the bench concluded that there was no urgency to list the matter during the vacation period. The lawyer representing Payal Maheshwari had informed the bench that Jeeva was fatally shot on June 7, and requested protection from arrest to allow her to participate in the last rites.
