PIL plea, “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.”
PIL in Supreme Court
A PIL has been filed before the Supreme Court, urging the formation of an independent expert committee headed by a retired judge to investigate the recent killings of Atique Ahmed and his brother Ashraf. The plea highlights the danger of police becoming “daredevils” and emphasizes that in a democratic society, the police cannot take the law into their own hands and act as a mode of delivering final justice or punishment. Such actions can lead to a collapse of the rule of law and generate fear among the people, the plea argues.
The PIL not only demands an investigation into this killing but also seeks an inquiry into the 183 police encounters that have occurred in Uttar Pradesh since 2017, as claimed by the Special Director General of Police (Law and Order). The plea stresses the need for an independent expert committee to investigate these incidents and ensure that the police act within the boundaries of the law and the Constitution.
“State machinery will take care”: SC
Atiq Ahmed, a notorious gangster-turned-politician and prime suspect in the murder of key witness Umesh Pal, met a fatal end when he was shot dead while under police escort in Prayagraj. Ahmed and his brother Ashraf were killed by three men posing as journalists while being escorted to a medical college for a checkup by police personnel.
The incident took place just two weeks after the Supreme Court dismissed his plea for protection while in custody with the Uttar Pradesh Police for the same case. The Supreme Court stated that the Uttar Pradesh State machinery would ensure his safety. Despite the court’s assurance on March 28 that the state would take care of his safety, Ahmed’s life was cut short, raising questions about the efficacy of the justice system in protecting its prisoners.
During his submission, Atiq Ahmed referred to a statement made by Uttar Pradesh Chief Minister Yogi Adityanath in the state assembly, in which he had used strong language by saying, “…mafia ko mitti mein mila doonga”, (will crush the mafia) Atiq had argued that he and his family were unjustly implicated in the case and that they faced a “real and tangible threat” to their lives.
He had also requested the Supreme Court to direct the state authorities to ensure his physical safety and prohibit them from transferring him from Ahmedabad’s Sabarmati Central Jail to Prayagraj or any other location in Uttar Pradesh.
However Justices Ajay Rastogi and Bela M Trivedi gave him the liberty to seek protection from the Allahabad High Court after his apprehension that his life was at risk while being in the custody of the Uttar Pradesh Police.
Similar requests by Atiq’s family
Atiq Ahmed’s family had also made similar requests for security and protection. In February, Atiq’s wife had written to Uttar Pradesh Chief Minister Yogi Adityanath requesting security and a CBI investigation into the Umesh Pal murder case, claiming that the family had no role in it.
Last month, the Allahabad H.C directed the state government to take measures to ensure the safety of Atiq’s brother, Khalid Azeem alias Ashraf, during his transfer to jail for interrogation or remand proceedings in the same case. The court cited Article 21 of the Constitution and emphasized the importance of ensuring a fair trial and protecting citizens against apprehension.
