The Supreme Court on April 28 asked the Uttar Pradesh Police to explain why gangster-turned-politician Atiq Ahmad and his brother were “paraded” while being taken for medical examination to a hospital on the day they were shot to death at point-blank range in full view of TV cameras by assailants posing as journalists.
“We have seen the video footage...Why were they not taken to the entrance… Why were they paraded?” a Bench of Justices S. Ravindra Bhat and Dipankar Datta asked senior advocate Mukul Rohatgi, appearing for the State police.
The court further asked how the assassins knew the brothers would be brought to the Motilal Nehru Divisional hospital in Prayagraj on that day.
“Police custody requires them to be brought for medical examination every two days… They (assailants), we learnt, had been coming there three days in a row,” Mr. Rohatgi said.
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Mr. Rohatgi said Ahmad, his son, who was killed in a police encounter a couple of days before the fatal shooting, and his family were “embroiled in heinous crimes”.
The State sought to link the murders with the family’s criminal past. Mr. Rohatgi said an Inquiry Commission with two former High Court Chief Justices and another judge has been constituted by the State. A Special Investigation Team has also been formed to probe the murders.
The court directed the State to file a comprehensive affidavit within three weeks detailing the steps taken by the Uttar Pradesh Government to inquire into the killings of Ahmad, his brother Ashraf, son Asad and an associate a few days apart in mid-April.
Petitioner-advocate Vishal Tiwari said there was a “pattern” emerging in these deaths. He said the court should form an independent committee headed by a retired apex court judge. The present commission was formed by the State, whose very role is under the spotlight.
Mr. Tiwari has also sought an inquiry into the 183 encounters that have taken place in Uttar Pradesh since 2017.
“Let them place the affidavit on record… If there is a pattern, we may ask the Commission to look into it along with other sample cases,” the Bench said.
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The court also sought the State to place on record follow-up measures taken by it on the basis of a report filed by a Commission headed by former Supreme Court judge, Justice B.S. Chauhan, into the Uttar Pradesh Police encounter of gangster Vikas Dubey in 2020.
The petition has alleged that the UP Police had 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.
“Issue guidelines/directions to safeguard the rule of law by constituting an Independent Expert Committee under the Chairmanship of 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,” the petition has said. eom
