Supreme Court.
Credit: PTI File Photo
The Supreme Court on Friday asked the Uttar Pradesh to file a comprehensive affidavit on the progress of investigation in 183 encounters in the state since 2017, saying it was necessary to inspire confidence of its action.
A bench of Justices S Ravindra Bhat and Aravind Kumar also issued notice to the Yogi Adityanath government on a plea by Meerut-based Aisha Noori, sister of gangster-politician Atiq Ahmed, seeking a direction for detailed probe into killings of the former MP, his ex MLA brother Mohd Ashraf and others, including Atiq's son, allegedly due to vendetta.
Advocate Vishal Tiwari, one of the petitioners in the matter, had raised the issue of 183 encounters in Uttar Pradesh since 2017. He said the state government should be asked to furnish details of those encounters.
Senior advocate Mukul Rohatgi as well as Advocate General A K Mishra agreed to provide details of 183 encounter. Mishra said magisterial inquiry has already been conducted in over 162 of them and closure report has been filed in 144 cases.
Senior advocate Siddharth Dave, for Noori, sought comprehensive probe into the actions initiated against Ahmad and his family.
"Give us affidavit by Additional DGP on status of investigation, copies of charge sheet etc. We want to treat this as template as who is monitoring these cases, whether there have been any prosecution...If you have robust inquiry, this would inspire confidence," the bench told the UP government counsel.
On Atiq and his brother killing in police custody, the bench asked the Uttar Pradesh counsel, why is this happening? Is there any mechanism to prevent such killings?
The bench also asked how the accused are getting killed in jail and in judicial custody.
Tiwari insisted 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 stage of investigation and the progress regarding trial in respect of the 183 encounters. The bench also sought to know if the National Human Right Commission guidelines with regard to encounters have been followed.
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 police yet they were shot dead.
The bench said, how does it inspire confidence “5-10 people are guarding him… how can someone just come and shoot? How does this happen? Someone is complicit!”
The court also 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 official DGP rank on the progress of investigation in all these cases and asked the Uttar Pradesh to file the reply within four weeks.
Former Phulpur MP Atiq and his ex MLA brother were killed in police custody on April 15 in full media glare from a point blank range by three shooters while they were being taken to a hospital in Prayagraj for medical check up.Atiq’s son Asad was also shot dead by a special task force (STF) team during an encounter in Jhansi on April 13.The action against the gangster and his family has come after his son and associates killed two police men namely Sandeep Nishad and Raghvendra Singh along with advocate Umesh Pal, a witness in BSP MLA Raju murder case on February 25, 2023.Subsequently, UP Chief Minister Yogi Adityanath vowed in legislative assembly to finish off and perish the mafia.
In July, the Uttar Pradesh government had 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 3 attackers getting through the police cordon and firing at Atiq Ahmed and Ashraf. On the basis of prima facie reports from the relevant ACPs, 4 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 detailed backgrounds of the incident which occured 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 B S Chauhan Inquiry Commission formed after the encounter of Kanpur Dehat's gangster Vikas Dubey and his associates.