No fault found on part of police in killing of Atiq Ahmad, his brother: UP tells SC

No fault found on part of police in killing of Atiq Ahmad, his brother: UP tells SC

The Uttar Pradesh government has informed the Supreme Court that it has not found any fault on the part of the police in the ongoing investigation into the killing of gangster and former Lok Sabha member Atiq Ahmad and his brother Ashraf in Prayagraj on April 15.

In a status report submitted to the apex court, the state of Uttar Pradesh stated that it has diligently conducted a fair and impartial investigation into the incident, as well as other cases, including the killing of gangster Vikas Dubey and various police encounters since 2017, which were raised by the petitioner.

The incident involving the killing of Atiq Ahmad and Ashraf occurred when they were being escorted to a medical college for examination by police personnel. Three individuals posing as journalists shot them at point-blank range, and the entire incident was captured live on national television.

The state’s report provided details on the status of cases mentioned in the plea filed by advocate Vishal Tiwari, who had requested an independent investigation into the killing of Ahmad and Ashraf, as well as information regarding compliance with various past recommendations of the court and various commissions.

In the case related to the killing of Ahmad and Ashraf, the police have reportedly filed a charge sheet against three accused, and the matter is currently pending before a trial court, according to the state’s report.

The status report submitted by the Uttar Pradesh government to the Supreme Court provides details of the ongoing investigation into the killing of gangster and former Lok Sabha member Atiq Ahmad and his brother Ashraf in Prayagraj, as well as other cases, including encounters involving gangster Vikas Dubey.

The report notes that the investigation into the killing of Ahmad and Ashraf is partially ongoing to collect evidence on certain points. Regarding encounters, including that of Vikas Dubey in July 2020, the state has asserted that these incidents were thoroughly investigated in compliance with the guidelines and directions issued by the Supreme Court in its previous judgments.

The status report emphasizes that in each of the seven incidents highlighted by the petitioner in his pleadings, including the murder of Ahmad and Ashraf, the state conducted thorough investigations following the directions and guidelines issued by the Supreme Court. Where investigations are complete, no fault has been found on the part of the police.

The report was filed in response to two separate petitions—one filed by advocate Vishal Tiwari and the other by Aisha Noori, the sister of gangster-politician Ahmad. Both petitions seek a comprehensive probe into the killing of Ahmad and Ashraf.

The state contends that Tiwari’s petition mostly rehashes issues that have already been addressed and concluded by the Supreme Court in prior proceedings.

The status report submitted by the Uttar Pradesh government highlights that the petitioner, Vishal Tiwari, appears to be primarily concerned with the deaths of criminals in alleged police encounters in Uttar Pradesh. The report notes that Tiwari has mentioned the deaths of gangster Vikas Dubey and some of his associates in police encounters in the state.

Additionally, Tiwari has raised specific grievances against the report of the Justice BS Chauhan Commission. Former Supreme Court judge Justice Chauhan headed the commission, which investigated the encounter killing of Vikas Dubey in 2020. Vikas Dubey and his associates had ambushed and killed eight policemen in Kanpur district in July 2020. He was subsequently arrested in Ujjain, Madhya Pradesh, and was being brought back to Uttar Pradesh police custody when he allegedly attempted to escape and was shot dead. Doubts had been raised about the authenticity of the police encounter.

The status report highlights that the petitioner’s concerns primarily revolve around these encounters and related investigations, including the findings of the Chauhan Commission, which have been the subject of scrutiny and debate.

The status report submitted by the Uttar Pradesh government underscores several key points:

1. The report mentions that the Justice BS Chauhan Commission, which investigated the deaths of gangster Vikas Dubey and his associates in retaliatory firing incidents following Dubey’s encounter killing, concluded that the police version of these events was credible and not in doubt.

2. It notes that various inquiries, including criminal investigations, magisterial inquiries, and Human Rights Commission investigations, have not found fault with the actions of the state in these matters.

3. The report highlights the criminal history of Atiq Ahmad, describing him as a notorious and dreaded gangster who was the leader of a registered gang (IS 227). Ahmad had been involved in more than 100 criminal cases, including murder, dacoity, kidnapping, extortion, forgery, and vandalism of public property.

4. The state emphasizes that there is regular monitoring of police self-defense actions, especially in cases where accused individuals have died. Details related to criminals killed in police encounters and the results of investigations or inquiries are collected and scrutinized every month at the police headquarters level.

5. The state asserts that it continuously monitors all police actions and takes immediate remedial or corrective steps when necessary.

The status report provides these details to demonstrate that the state of Uttar Pradesh has undertaken thorough investigations, inquiries, and monitoring of police actions, especially in cases involving encounters and the deaths of accused individuals. It aims to emphasize that the state has acted responsibly and in accordance with established procedures and guidelines in such matters.