Raising Questions On Mukhtar Ansari's Death, Lawyer Files Application In Supreme Court Seeking CBI Probe Into Custodial Deaths In UP

In the aftermath of Uttar Pradesh-based Gangster-Politician Mukhtar Ansari's death in custody, an Interlocutory Application has been presented to the Supreme Court. The application seeks a direction to the Central Bureau of Investigation (CBI) to launch an inquiry into the deaths, killings, and encounters of detainees and accused individuals in police custody in Uttar Pradesh since 2017.

Advocate Vishal Tiwari filed the application as part of his ongoing writ petition, which seeks to investigate encounter deaths in the state. The application raises suspicions regarding Mukhtar Ansari's demise on March 28. Ansari, serving a life sentence, passed away in a hospital. While the autopsy report cited cardiac arrest as the cause of death, Ansari's family members are sceptical. They suggest that his death may have been caused by slow poisoning while in jail.

The applicant cited a news report suggesting that in the past 7 years, 10 gangsters have died in Uttar Pradesh police custody and seven of them died from gunfire while they were being taken to court hearings or health checkups.

The PIL filed in the year 2023 sought a direction from the Supreme Court for the constitution of an independent expert committee, chaired by a retired Supreme Court judge, to inquire into the killing of Atique Ahmed and his brother Ashraf by three assailants while they were in police custody. The petition also sought a probe into the 183 cases of encounter killings in UP since 2017.

While hearing the PIL, the Supreme Court in its order dated 11.08.2023 directed the State of U.P. through its Director General of Police (DGP) to file an affidavit within six weeks containing a detailed report indicating the stage of the investigation or the trial in all 183 cases concerning fake encounters/killing's.

The petitioner contends that the State of UP has not properly complied with the order dated 11-8-2023 and has filed the status report without thoroughly reviewing the pleadings and annexures of the writ petition.

The petitioner further stated that despite acknowledging the occurrence of a number of encounters (183 in number) since 2017, the non-furnishing of details of these extra-judicial killings raises strong suspicions about the conduct of the state machinery and the possibility of not following the guidelines laid down by the Honorable Supreme Court after every encounter killing.

The petitioner highlights that the probe into the alleged killings was not conducted properly, as stated in the case of Dalbir Singh and State of UP and Ors., where the Supreme Court emphasized that custodial/encounter killings must be dealt with realistically and with the sensitivity they deserve; otherwise, the common man may gradually lose faith in the efficacy of the judicial system.

Noting that no comprehensive affidavit has been filed by the DGP of UP providing details of investigations and trials with respect to the incidents of 183 encounter killings since 2017, the petitioner/applicant prayed as follows:

To direct the State of Uttar Pradesh to comply with the order dated 11-8-2023 and furnish the details and status report of the encounter killings carried out by Uttar Pradesh Police since 2017;

To direct the Central Bureau of Investigation to initiate a probe into the deaths/killings/encounters of detainees/accused in police custody in the State of Uttar Pradesh since 2017.

Case Title: VISHAL TIWARI VERSUS UNION OF INDIA & ORS., Writ Petition(s)(Criminal) No(s). 177/2023