How Killers Knew About Hospital Visit? Why Atique Ahmad & Brother Were Made To Walk? Supreme Court Asks UP Govt

The Supreme Court on Friday sought a "comprehensive affidavit" from the Uttar Pradesh government on the steps taken to enquire into the killings of gangster-politician Atique Ahmed and his brother Ashraf Ahmed which took place on April 15 at Prayagraj when they were being taken to a hospital for medical check up in police custody. The bench has also sought information on the inquiry into the encounter killings of the other accused in the Umesh Pal murder case, including Atique Ahmed's son Asad.

The Court has 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.

The bench of Justices S Ravindra Bhat and Dipankar Datta was hearing a public interest litigation (PIL) plea by Advocate Vishal Tiwari seeking independent inquiry into the killings of Ahmad brothers, which was caught on live television, and also 183 other encounter killings in the State of UP since 2017. Tiwari also questioned the Justice Chauhan's report which gave UP Police clean chit in the Vikas Dubey encounter case.

During the hearing, the bench asked the UP Government how the killers got the knowledge that Ahmed brothers were being taken to hospital. The bench also asked 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. "This man and his entire family are embroiled in heinous crimes for the last 30 years. It is probable that the two were killed by those whose wrath they had encountered. This is one of the angles we are looking into," Rohatgi told the bench. 

"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 Atique and Ashraf" the senior counsel explained.

"How did they know?" Justice Bhat asked.

"Because of this court's judgement, any accused in police custody must be taken for a medical examination every two days. These assailants have been going three days in a row," Rohatgi responded.

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."

Justice Bhat said, "Place whatever material you have. We will look into this."

The senior counsel told the bench that an inquiry commission, as well as a special investigation team (SIT) of the state police, has been appointed by the government. "The commission comprises two chief justices, another judge, and a police officer. We have also appointed an SIT. What more can we do?" 

"Put that on record," replied Justice Bhat.

Rohatgi said, "Your Lordships may not issue notice. We will put on record all the material we have."

"A special investigation team...when the state itself is under an accusation. The commission is only inquiring into this particular incident, whereas we are seeking a probe into encounter killings in Uttar Pradesh in general," Tiwari stated. 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". He explained:

"You are saying there is a pattern. If there is indeed a pattern, we could always request the commission to consider some other sample cases and come out with its recommendations."

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."

Background

Last month, a bench of Justices Ajay Rastogi and Bela M Trivedi of the top court declined relief to gangster-turned-politician Atique Ahmad who raised the apprehension that he would be killed by the Uttar Pradesh police in a fake encounter, if shifted from a jail in Gujarat's Sabarmati to one in Prayagraj. The former Lok Sabha member of Samjwadi Party is the prime accused in the sensational murder of Umesh Pal, a key witness to a Bahujan Samaj Party legislator’s murder in 2005.

On April 15, after Atique's transfer to Naini central jail in Prayagraj and his conviction in a 2007 Umesh Pal abduction case by a court in Uttar Pradesh, Atique and his brother, Ashraf, were being taken for medical examination to a city hospital at around 10 in the night. While the media was questioning them, three assailants, who had come to the spot posing as journalists, shot the Ahmad brothers at point-blank range. This incident happened in full view of media persons and was captured live and subsequently aired on news channels, leading to much public debate. The brothers were killed just two days after Atique's son Asad was killed in an encounter.

The alleged assailants have been booked under Sections 302 of the Indian Penal Code, 1860, along with Sections 3, 7, 25, and 27 of the Arms Act, 1959, and other relevant sections. Meanwhile, the UP government has set up a judicial commission to inquire into the matter under the Commission of Inquiry Act, 1952 to be led by retired Allahabad High Court Judge Arvind Kumar Tripathi.

Besides seeking an independent probe into the killing of Atique and Ashraf while in police custody, the petition, filed by Advocate Vishal Tiwari, also seeks an inquiry into 183 encounters which have allegedly occurred in the state of Uttar Pradesh since 2017. The petition also raises questions about the July 2020 encounter killing of Vikas Dubey, a notorious criminal, history-sheeter and gangster-turned-politician from UP's Kanpur district, by the UP 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:

"The police when becomes daredevils, then the entire rule of law collapses and generates the fear in the mind of people against the police which is very dangerous for democracy and also results in further crime...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."

Not only this, but the plea 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 on the ground that there was no evidence of wrongdoing.

Notably, 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'.