Umesh Pal Murder Case: Allahabad HC Directs UP Govt To Ensure Safety Of Atique Ahmed's Brother During Jail Transfer

The Allahabad High Court has directed the Uttar Pradesh Government to ensure the safety and proper security of Khalid Azim alias Ashraf, the brother of former Lok Sabha MP Atique Ahmed, during his jail transfer for the purpose of interrogation/remand proceedings in connection with the Umesh Pal Murder case.

The bench of Justice Kaushal Jayendra Thaker and Justice Syed Qamar Hasan Rizvi observed that under Article 21, it is the duty of the State to protect the right and liberty of each citizen.

"...the interrogation would be as per the jail manual applicable in the State of Uttar Pradesh. It goes without saying that we have not gone into the factual data of this petition as it may turn out to be a disputed question of fact and, therefore, we have not dealt with any of the other annexures or the photographs or the grounds urged in the petition. But as the law of the Country demands, every citizen be given a fair trial and when there is an apprehension to the petitioner, in view of the recent developments, we grant this protection and directions are issued," the court observed.

The court was essentially dealing with the plea of Ashraf, who had moved the court seeking certain reliefs pertaining to his security during his jail transfer fearing that he might be killed in an encounter by the UP Police as he is an accused in the daylight murder case of Umesh Pal.

Before the Court, he had prayed that no physical or bodily injury or any other harm be caused to him and that the authorities be restrained to take him from District Jail-II Bareilly, where he is currently lodged, to Prayagraj or any other jail.

He further prayed that his interrogation, if any, be conducted at District Jail Bareilly U.P. or through video conference and if at all his transit is necessary, the same be done under the protection of any central police force/parliamentary force and a videography of the same be conducted. He also sought permission that his five advocates to remain present during the transit/interrogation.

While directing the state government to ensure his safety, the Court further observed that Ashraf would have the right to be represented by an Advocate of his choice during the period of his interrogation.

As far as his prayer for videography of his transit was concerned, the Court left it to the authorities to decide as to whether videography from jail would be in the fitness of things. 

With this, his plea was disposed of.

Appearances

Counsel for Petitioner: Sr. Advocate Daya Shankar Mishra assisted by Advocates Vijay Mishra, Abhishek Kumar Mishra, Khan Saulat Hanif, Ravindra Sharma, Shadab Ali, 

Case title - Khalid Azeem @ Ashraf vs. State Of U.P. And 5 Others [CRIMINAL MISC. WRIT PETITION No. - 4003 of 2023]

Case Citation: 2023 LiveLaw (AB) 105

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