New Delhi: In a major development, the Supreme Court on Friday sought a comprehensive affidavit from the Uttar Pradesh government on the progress of investigation in 183 encounters in the state since 2017. A bench comprising justices S Ravindra Bhat and Aravind Kumar widened the ambit of plea seeking an independent probe into the killing of gangster-politician Atiq Ahmed and his brother in police custody.
Advocate Vishal Tiwari, who is one of the petitioners in the matter, had raised the issue of 183 encounters in Uttar Pradesh since 2017. Another petition has been by the sister of Atiq Ahmed and Ashraf Ahmed seeking a comprehensive probe headed by a retired judge or by an independent agency into the alleged "extrajudicial killings" carried out by the government. The plea filed by Aisha Noori also seeks an investigation into the encounter killing of her nephew and Atiq Ahmed's son.
On Atiq and his brother killing in police custody, the top court queried the Uttar Pradesh counsel, why is this happening? Is there any mechanism to prevent such killings? Justice Bhat asked how are the accused getting killed in jail and in judicial custody. Tiwari pressed that the court must also examine the 183 encounters, which occurred in the state since 2017. The top court asked the Uttar Pradesh government counsel to bring on record the stage of the investigation and the progress regarding trial in respect of the 183 encounters. The bench queried, are the National Human Right Commission guidelines been followed?
Also read: Gangster Atiq Ahmed, brother shot dead in Prayagraj; killings caught on camera
In Atiq’s matter, the top court said there could be elements within police involved, as the accused were in custody and they were surrounded by the police yet they were shot dead. The bench said, how does it inspire confidence “Five to 10 people are guarding him… how can someone just come and shoot? How does this happen? Someone is complicit!”
The top court said it is not here to conduct an investigation, but it wants to see the system in place. The bench said it needs an affidavit from a senior police officer of DGP rank on the progress of investigation in all these cases and asked Uttar Pradesh to file the reply within four weeks. Atiq Ahmed and Ashraf Ahmed were shot dead while in police custody in Uttar Pradesh on April 15.
In July, the Uttar Pradesh government told the Supreme Court that it is leaving no stone unturned in ensuring a thorough, impartial and timely investigation into the death of gangster-politician Atiq Ahmad and his brother Khalid Azim alias Ashraf. In a status report, filed in the Supreme Court, the state government said, “The State is also inquiring into security lapses that may have led to the three attackers getting through the police cordon and firing at Atiq Ahmed and Ashraf. On the basis of prima facie reports from the relevant ACPs, four of the police officers present on the scene and the SHO of PS Shahganj………have been suspended pending initiation of disciplinary proceedings……”.
The UP government’s Home Department, in the report, provided details of the background of the incident which occurred on April 15, inquiries being undertaken into the murders, and also the police encounters of Atiq's son Asad and his associates. The State government also informed the apex court about the steps being taken for implementation of the report of the Justice BS Chauhan Inquiry Commission formed after the encounter of Kanpur Dehat's gangster Vikas Dubey and his associates. “It is submitted that the State government has taken account of the recommendations of the Commission of Inquiry and is taking steps to ensure their continuous implementation”, said the report.
