The Supreme Court has directed the Uttar Pradesh government to submit a comprehensive affidavit detailing the progress of investigations into 183 encounters that have taken place in the state since 2017. The court emphasized that this transparency is crucial to foster public confidence in the actions of the government. A two-judge bench comprising Justices S Ravindra Bhat and Aravind Kumar issued the directive, simultaneously issuing a notice to the Yogi Adityanath administration in response to a plea filed by Aisha Noori from Meerut. Noori, the sister of the late gangster-politician Atiq Ahmed, is seeking a thorough inquiry into the killings of her brother, his former MLA sibling Mohd Ashraf, and others, including Atiq's son.
Advocate Vishal Tiwari, one of the petitioners in this case, has raised concerns about the 183 encounters that have taken place across Uttar Pradesh since 2017. He has urged the state government to provide comprehensive details about each encounter. Senior advocate Mukul Rohatgi and Advocate General A K Mishra have concurred with the request to furnish this information. Mishra has indicated that magisterial inquiries have already been conducted in over 162 cases, and closure reports have been filed in 144 of them.
The court has further urged for an affidavit from Additional Director General of Police (ADGP) rank official on the status of these investigations, including copies of charge sheets. The intention behind this request is to gain insight into the monitoring of these cases, the presence of any prosecutions, and the overall robustness of the inquiries. By scrutinizing the cases in detail, the court aims to bolster confidence in the process and ensure a fair and unbiased approach.
SC Asks To Examine 183 Encounters
The court also questioned the government about the deaths of Atiq Ahmed and his brother in police custody, raising concerns about the mechanisms in place to prevent such fatalities. It also inquired about the circumstances surrounding the deaths of accused individuals within jails and judicial custody. Tiwari has underscored the importance of examining all 183 encounters that have transpired in the state since 2017.
The apex court has specifically asked the Uttar Pradesh government to provide information about the investigation stages and progress of trials concerning these 183 encounters. Additionally, the court sought clarification on whether the National Human Rights Commission guidelines pertaining to encounters have been adhered to. In the case of Atiq Ahmed, the court has indicated that there may be involvement of elements within the police force, as the individuals were under police custody when they were shot dead. The court's primary objective is not to conduct investigations itself but to ensure a transparent and accountable system.
The court has given the Uttar Pradesh government a deadline of four weeks to submit the requested affidavit from a senior police official of the DGP rank. This affidavit should outline the progress of investigations into all 183 cases.
The background to this case lies in the deaths of former Phulpur MP Atiq Ahmed, his ex-MLA brother, and Atiq's son. They were killed in police custody under controversial circumstances. These actions were prompted by their involvement in the killing of two policemen and a witness in a murder case earlier in 2023. Chief Minister Yogi Adityanath pledged to eradicate organized crime during a legislative assembly session.
The Uttar Pradesh government's Home Department provided a detailed account of the events that occurred on April 15, when Atiq Ahmed and his brother were killed. The report also delves into the inquiries into these murders, as well as the police encounters involving Atiq's son and associates. The government highlighted its commitment to implementing the recommendations from the Justice B S Chauhan Inquiry Commission following the encounter of gangster Vikas Dubey and his associates in Kanpur Dehat.
In a shocking turn of events, gangster-turned-politician Atiq Ahmad and his brother Ashraf met a tragic fate when they were fatally shot by three assailants while under police custody. The incident unfolded outside a hospital in Prayagraj, where the two were being escorted for a medical check-up. The chilling shooting took place in full view of both law enforcement officers and media personnel.
According to police reports, the attackers believed to have posed as journalists, seized the opportunity to carry out the attack. The victims, Atiq Ahmad and Ashraf, lost their lives immediately due to the gunfire. The brazen incident was captured on camera, as members of the media trailed the brothers and the police contingent during their journey to the hospital for medical evaluation. Fortunately, no other individuals were harmed during the point-blank range shooting.
Law enforcement authorities swiftly responded to the situation, managing to apprehend all three assailants who had carried out the attack. These individuals were subdued by the police officers present at the scene. Circle Officer Shwetabh Pandey provided details regarding the incident, confirming that the three assailants had executed the shooting while intermingled among journalists. The shooting itself transpired at close range, resulting in the immediate demise of Atiq Ahmad and Ashraf.
While the names of the detained individuals were disclosed by sources familiar with the situation, no official confirmation had been issued at the time of this report. The detained individuals were identified as Arun Maurya, Lavlesh Tiwari, and Sunny.
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