UP Police Ignored Allahabad HC's Direction To Ensure Safety Of Atiq Ahmed's Brother, Alleges PIL Petitioner In Supreme Court

The Uttar Pradesh Police failed to act as per the Allahabad High Court's order to ensure the safety of gangster-politician Atiq Ahmed's brother Ashraf Ahmed, said Advocate Vishal Tiwari who has filed a PIL in the Supreme Court seeking independent investigation into the killings of Ahmed brothers in police custody.

In a rejoinder filed to the UP government's affidavit, Tiwari alleged that the state government has suppressed material facts. Tiwari referred to an order passed by the Allahabad High Court on March 21, 2023, in a petition filed by Ashraf praying for his safety and protection during transit in police custody. In its order, the High Court noted that Ashraf had serious apprehension about his life. The High Court directed that the state shall ensure the safety of Ashraf during jail transit from Bareilly to Prayagraj.   

Tiwari contended that even after express directions by the HC, the State took no initiative for ensuring safety while Atiq and his brother were taken for medical checkup on 15th April, 2023 when they were shot dead. He submitted that they were paraded openly without any protection as if there was a pre-planned conspiracy.

"The State Government/Police should have taken seriously the High Court order and should have given sufficient protection so that the lives of the deceased could have been saved. All these things raise prima facie suspicion about some conspiracy", Tiwari stated.

Respondent failed to disclose motives and modus operandi of Assailants even after months of interrogation

The petitioner alleged that months have passed by and interrogation of assailants has been done, but the state has failed to disclose the motives, whereabouts, and their modus operandi.

The petitioner submitted that this incident raises serious questions about the efficiency of police who are not able to protect people under their custody, that too when mandated by HC itself.

The petitioner claimed that respondents have not submitted if they complied with the directions by the Apex court under Prakash Singh v Union of India(2006).

On Friday, a bench comprising Justices S Ravindra Bhat and Aravind Kumar posted the matter after a week. 

On April 28, while issuing notice on the petition the Supreme Court had asked the State why the accused were made to walk to the hospital from the ambulance and how the killers came to know about their medical check up. The UP Government has filed an affidavit stating that it is inquiring into the security lapses which may have led to the killings and that it assailants have been nabbed.

Case title- Vishal Tiwari v. Union of India,W.P. Crl. 177/2023.