Supreme Court questions UP Govt. on Ahmed Brothers Killing

On Friday, the Supreme Court sought a comprehensive affidavit from the Uttar Pradesh government regarding the steps taken to investigate the killings of gangster-politician Atique Ahmed and his brother Ashraf Ahmed. 

The bench of Justices S Ravindra Bhat and Dipankar Datta was hearing a public interest litigation (PIL) plea by Advocate Vishal Tiwari, which sought an independent inquiry into the killings of Ahmad brothers, as well as 183 other encounter killings in the State of UP since 2017.

The bench also directed the State to inform about the steps taken in pursuance of the report of the judicial enquiry commission led by Justice BS Chauhan which probed into the Vikas Dubey encounter killing of 2020. 

During the hearing, the bench asked the UP Government how the killers got the knowledge that Ahmed brothers were being taken to hospital and why the police made Ahmed brothers walk till the hospital entry gate, instead of taking them till there in the ambulance.

Senior Advocate Mukul Rohatgi, on behalf of the UP government, vehemently urged the bench to not issue notice, saying that the state government had been probing into the two deaths. He explained that the assailants had passes, were carrying cameras, and were even carrying identity cards that were later found to be fake. He further said that the killers knew about the transfer of Atique Ahmed and his medical examination as per the Supreme Court’s judgement.

Justice Dipankar Datta asked, “Mr Rohatgi, why were they not taken to the hospital gate in an ambulance? Why were they made to walk and paraded?” The senior counsel replied, “That distance is very short, Your Lordship.”

Tiwari stated that the commission is only inquiring into this particular incident, whereas they are seeking a probe into encounter killings in Uttar Pradesh in general. Justice Bhat explained that after the bench had an opportunity to look into the status report, it could, if required, “request the commission to look into the larger issue”.

After the hearing, the bench passed the following short order : “A comprehensive affidavit would be filed indicating the steps taken to inquire into the deaths which occurred on April 15 near Motilal Nehru Divisional Hospital, Prayagraj. The affidavit shall also disclose the steps taken with respect to the incident that occurred immediately prior to the one in question and also disclose the follow-up steps taken following Justice BS Chauhan commission report. List after three weeks.”

The plea, filed by Advocate Vishal Tiwari, seeks an independent inquiry into the killings of Atique and Ashraf Ahmed, which were caught on live television, and also 183 other encounter killings in the State of UP since 2017. It also seeks to challenge the credibility of the findings of a three-member inquiry commission headed by former Supreme Court judge BS Chauhan formed to inquire into the 2020 Vikas Dubey encounter, which gave a clean chit to the state police.

The petition argues that “such actions by police are a severe threat to democracy and the rule of law and lead to a police state”. It further states that 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.

The petition submits that if any accused, who is under police custody, gets killed, then it raises doubt on the efficiency of the police and smacks of ‘conspiracy’. The petitioner hypothesised that either Atique and Ashraf were killed by a rival gang, or their deaths were result of some ‘conspiracy’ involving the ‘system’.

The Supreme Court’s decision to seek a comprehensive affidavit from the Uttar Pradesh government regarding the steps taken to investigate the killings of Atique and Ashraf Ahmed is a positive step towards ensuring justice and upholding the rule of law in the state. It is hoped that the Court’s direction will lead to an impartial and thorough inquiry into the killings, as well as the other encounter killings in the State of UP since 2017 and bring the perpetrators to justice.