SC seeks status report from UP Govt on steps taken after killing of Atiq Ahmed

The Supreme Court on Friday sought a comprehensive affidavit from the Uttar Pradesh government on the steps taken to inquire into the killings of Atiq Ahmed and brother Ashraf when they were in police custody and also the previous encounter killings of the accused in Umesh Pal Murder case.

The court order came on a PIL filed by advocate Vishal Tiwari demanding a judicial probe into the killing and similar killings in the state.

Photo Credit: SC seeks status report from UP Govt on steps taken after killing of Atiq Ahmed

The top court, which was hearing a plea by advocate Vishal Tiwari seeking an independent probe into the killing of Ahmad and his brother Ashraf, also asked the UP government how the killers got the knowledge that they were being taken to hospital.

''How did they know? We have seen it on TV. Why were they not taken to the ambulance right from the entry gate of the hospital? Why were they paraded?'' a bench of Justices S Ravindra Bhat and Dipankar Datta asked senior advocate Mukul Rohatgi, who appeared for the UP government.

Rohatgi informed the bench the state government is probing the incident and has constituted a three-member commission for this. A UP Police special investigation team is also investigating the matter, he said.

''This man and his entire family are embroiled in heinous cases for last 30 years. This incident particularly is a gruesome incident. We have apprehended the killers and they said they did this to gain importance,'' Rohatgi said.

''Everyone saw the killings on the television. The killers came in the guise of news photographers. They had passes, were carrying cameras, and were even carrying identity cards that were later found to be fake. There were 50 people there and more people outside. This is how they managed to kill,'' Rohatgi told the bench.

The court directed the UP government to submit a status report on steps taken after the incident.

The duo in handcuffs, were shot dead at point-blank range by three men posing as journalists in the middle of a media interaction while police personnel were escorting them to a medical college in Prayagraj area for a medical-checkup.

Earlier on April 18, the bench headed by Chief Justice DY Chandrachud took note of the submissions of advocate Vishal Tiwari who mentioned the matter seeking urgent hearing.

Uttar Pradesh Police had earlier said that it has gunned down 183 alleged criminals in encounters in the six years of the Chief Minister Yogi Adityanath-led government and this included Asad and his accomplice. The plea sought the setting up of an independent expert committee to probe the killing of Atiq and Ashraf.

"Issue guidelines/directions to safeguard the rule of law by constituting an independent expert committee under the chairmanship of a former Supreme Court justice to inquire into the 183 encounters which had occurred since 2017 as stated by Uttar Pradesh Special Director General of Police (Law and Order) and also to inquire into the police custody murder of Atiq and Ashraf," it said as quoted by PTI.

Referring to Atiq's killing, the plea said that "such actions by police are a severe threat to democracy and rule of law and lead to a police state". "In a democratic society, the police cannot be allowed to become a mode of delivering final justice or to become a punishing authority. The power of punishment is only vested in the judiciary," the plea stated.

It said extrajudicial killings or fake police encounters have no place in the law.

When the police turn "daredevils then the entire rule of law collapses and generates fear in the mind of people against the police which is very dangerous for democracy and this also results in more crimes," the plea read.

(with PTI inputs)