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Atiq's wife alleged that after the killing of Umesh Pal, police illegally arrested her tow minor sons in February, and since then they were missing.
The Allahabad High Court has recently dismissed the habeas corpus writ petition filed by Mafia Atiq Ahmed's wife on behalf of her two minor sons – Ahzam Ahmed and Aaban Ahmed.
Atiq’s wife Shaista Parveen had filed the plea alleging that her sons Ahzan Ahmed and Aban Ahmed were arrested by the police on February 24, 2023, after Umesh Pal's killing, and since then their whereabouts were not known.
The bench of Justice Vivek Kumar Birla and Justice Surendra Singh, however, opined that the petition was not maintainable as the petitioners had already invoked provisions of Section 97 CrPC (search for persons wrongfully confined) and had approached the competent court.
Atiq’s wife had alleged her two minor sons, who were living with her at that time, were arrested by the police personnel of Police Station Dhoomanganj, Puramufti, and Khuldabad without showing any summon, warrant or any other document after Umesh Pal's murder.
She argued before the court that the Police took her sons in their illegal custody without disclosing any reason for their arrest which was a clear violation of their constitutional as well as statutory rights.
In reply to the plea, the Additional Advocate General apprised the court that Atiq's two minor sons were in Child Protection Home. He submitted that Shaista had already invoked provisions of Section 97 CrPC and had approached the competent court i.e. the court of Chief Judicial Magistrate, Allahabad.
The AAG further contended that since an alternative effective statutory remedy had been invoked, therefore, in view of the Full Bench decision in the case of Rachna and another vs. State of UP and others (2021), the present Habeas Corpus petition was not maintainable.
The division bench while agreeing with the contentions raised by the AAG said, "At the cost of repetition it is reiterated that Article 21 clearly provides protection of life and personal liberty, however, it has clearly provided that no person shall be deprived of his life or personal liberty 'except according to procedure established by law'."
Even if at this stage, it is not clear as to how the petitioners have reached Child Protection Home, one thing is clear the administration of criminal justice is operating, which is the procedure established by law, court underscored.
Atiq Ahmed and Khalid Azeem are the main accused in the Umesh Pal murder case. Pal, a lawyer and the key witness in the murder of BSP MLA Raju Pal in January 2005, was shot dead near his house in Dhoomanganj, Prayagraj on February 24 this year.
On April 13, 2023, a court in Prayagraj, sent Atiq and his brother to 7 days in police custody in the Umesh Pal murder case. When the Chief Judicial Magistrate Dinesh Gautam passed this order, both Ahmed and Ashraf were present in court.
Moroever, as an important development in the murder case, Atiq's another son Asad, also a co-accused, was killed in an encounter by UP Police on April 13.
Shaista Parveen, who is an accused in a triple murder case, is also absconding and is also carrying an award of Rs. 25,000 on her head.
Reportedly, an application by Shaista Parveen, relating to her minor sons, is already pending before the CJM, Prayagraj. CJM has already directed the station in charge of Dhoomanganj to submit his report.
Case Title: Ahzam Ahmed (Minor) And Another v. State Of U.P. And 5 Others
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