The Supreme Court on Friday questioned the Uttar
Pradesh government why gangster-politician Atiq Ahmad and his brother Ashraf
were paraded before media while being taken to hospital for a medical checkup
in police custody in Prayagraj.
The top court, which was hearing a plea by advocate
Vishal Tiwari seeking an independent probe into the killing of Ahmad and his
brother Ashraf, also asked the UP government how the killers got the knowledge
that they were being taken to hospital.
"How did they know? We have seen it on TV. Why
were they not taken to the ambulance right from the entry gate of the hospital?
Why were they paraded?" a bench of Justices S Ravindra Bhat and Dipankar
Datta asked senior advocate Mukul Rohatgi, who appeared for the UP government.
Rohatgi informed the bench the state government is
probing the incident and has constituted a three-member commission for this. A
UP Police special investigation team is also investigating the matter, he said.
"This man and his entire family are embroiled
in heinous cases for last 30 years. This incident particularly is a gruesome
incident. We have apprehended the killers and they said they did this to gain
importance," Rohatgi said.
"Everyone saw the killings on the television.
The killers came in the guise of news photographers. They had passes, were
carrying cameras, and were even carrying identity cards that were later found
to be fake. There were 50 people there and more people outside. This is how
they managed to kill," Rohatgi told the bench.
The court directed the UP government to submit a
status report on steps taken after the incident.
"A comprehensive affidavit would be filed
indicating the steps taken to inquire into the deaths which occurred on April
15 near Moti Lal 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 bench said in its order.
Former apex court judge Justice Chauhan headed a
commission to probe the encounter of gangster Vikas Dubey in 2020.
Atiq Ahmad (60) and Ashraf were shot dead at
point-blank range by three men posing as journalists in the middle of a media
interaction while police personnel were escorting them to a medical college.
The plea also sought an inquiry into the 183 alleged
criminals killed in police encounters in UP since 2017. UP Police recently said
they have gunned down 183 alleged criminals in encounters in six years of the
Chief Minister Yogi Adityanath-led government and this included Ahmad's son
Asad and his accomplice.
The plea sought the setting up of an independent
expert committee to probe the killing of Ahmad and Ashraf.
"Issue guidelines/directions to safeguard the
rule of law by constituting an independent expert committee under the
chairmanship of a 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," it said.
Referring to Ahmad's killing, the plea said
"such actions by police are a severe threat to democracy and rule of law
and lead to a police state".
"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
plea submitted.
It said extra-judicial killings or fake police
encounters have no place in the law.
When the police turn "daredevils then the
entire rule of law collapses and generates fear in the mind of people against
the police which is very dangerous for democracy and this also results in more
crimes," the plea stated.