New Delhi [India], June 9 : The Supreme Court on Friday declined the urgent listing of the plea filed by the wife of gangster Sanjiv Maheshwari Jeeva, an aide of gangster-politician Mukhtar Ansari, who was shot dead on June 7 in a Lucknow court, seeking no coercive action so that she could attend her deceased husband's post-funeral rites.
A vacation bench of Justice Aniruddha Bose and Justice Rajesh Bindal observed that the relief sought by Payal Maheshwari, wife of a slain gangster, kept on shifting and there was no urgency for the matter to be heard by a vacation bench.
It said the case now will be here post-vacation in July.
The Uttar Pradesh government also told the bench that funeral of the gangster has taken place on Thursday and his wife did not attend the funeral despite being assured by the State that no coercive action will be taken against her if she attends the funeral.
Gangster's son performed last rites, UP government told the apex court.
Counsel of Payal said she wanted to perform post-funeral rituals, 'shraad' of her husband and during this time no coercive steps be taken against her.
"The one seeking permission is also a history-sheeter and gang leader. We know how it works. We had already given permission to attend but she did not," the counsel appearing for the State said.
The bench in its order stated, "Matter was mentioned yesterday on the ground that funeral of the petitioner's husband was to take place and for that purpose, she sought protection from any coercive action in attending the funeral. We are apprised today that the funeral has already taken place. The petitioner didn't attend the funeral and the last rites were performed by the son."
"We were told that no coercive steps could have been taken in case the petitioner attended the funeral. In such circumstances, we don't think there is any urgency to take up the matter during vacation, list the matter before regular bench," it added.
Payal approached the apex court on Thursday seeking interim relief for protection and permission to attend the last rites rituals of her husband.
The state of Uttar Pradesh then said it has no objection if the slain gangster's wife attend the funeral.
The gangster, 48, has been accused in several cases including the murder of former UP minister Brahma Dutt Dwivedi, who was shot dead outside a crowded courtroom in Lucknow on Wednesday.
In 2003, he was awarded a life sentence by the High Court for Dwivedi's murder in 1997 and was lodged in Lucknow jail.
He was being taken to the SC-ST court to attend a hearing in a 2015 attempt to murder case when a man dressed as a lawyer fired at him.
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