New Delhi: The Supreme Court on Monday said that it would hear the petition seeking probe into gangster-turned-politician Atiq Ahmed's and his brother Ashraf's killing on April 28. The matter was mentioned on Monday before the bench comprising CJI DY Chandrachud and Justice PS Narasimha by the petitioner's advocate Vishal Tiwari. He has also sought investigation of 183 encounters that have taken place in Uttar Pradesh in since 2017.
The matter was mentioned last week as well by the petitioner and the court had said that it would hear the matter on April 24. But, today the matter was not listed. CJI Chandrachud said that the case could not be listed today as five judges of the Supreme Court have been tested Covid positive. "Since five judges are not available, some cases in which dates were given have not been listed. We will try to list this on Friday," said CJI. He said that some more judges are unavailable due to other reasons.
Also read: SIT says three shooters who killed Atiq Ahmad, brother Ashraf on live TV were 'on their own'
The petition filed by Vishal Tiwari seeks directions from the court to set up an independent Expert Committee to investigate the killing of Atiq Ahmed and his brother Ashraf. Tiwari has contended that such actions by the police pose a threat to democracy and can lead to the police state. He said that police cannot be allowed to become a punishing authority and deliver "final justice" to anyone as that power solely lies with the judiciary.
"When the police turns dare devils then the entire rule of law collapses and generates fear in the minds of people against the police, which is dangerous for democracy and this also results in more crimes," read the plea. Atiq Ahmed and Ashraf were shot at point blank range by three men disguised as scribes, who pretended to go near them to ask questions and then fired at the duo.
The brothers were being escorted by the police to a medical college in Prayagraj for a check-up and in the meantime, the media had surrounded them for questions regarding encounter of Atiq Ahmed's son by the police when the shooting happened. Atiq Ahmed and his son Asad were accused of murdering Umesh Pal, the prime witness in 2005 BSP MLA Raju Pal murder case.
