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Synopsis

The Allahabad High Court has recently directed the Uttar Pradesh Government to ensure safety and make proper arrangements for the security of Khalid Azim alias Ashraf, brother of former Member of Parliament Atique Ahmed, during his transit from jail in Bareilly to Prayagraj or any other jail.

The bench of Justice Dr. Kaushal Jayendra Thaker and Justice Syed Qamar Hasan Rizvi issued the direction in a plea moved by Ashraf apprehending a threat to his life and liberty. 

Ashraf had prayed for the following main reliefs in his plea:

i) direction to the respondents to protect his life and liberty and to ensure his safety and security and to ensure that no physical or bodily injury or any other harm is caused to him;

ii) direction restraining the respondents from taking him from District Jail-II Bareilly to Prayagraj or any other jail and carry out his interrogation, if any, at District Jail Bareilly U.P. or through video conference.

iii) direction for his transit from Bareilly to Prayagraj or any other jail or court under the protection of any central police force/parliamentary force, if at all his transit is necessary to Prayagraj;

iv) direction to the respondents allowing his five advocates to remain present during his transit/interrogation;

v) direction to the respondents to conduct videography of his jail transfer and to prepare a complete list of the police personnel at the time of shifting of Jail;

After considering the plea, the division bench asked the Additional Government Advocate to convey the court's feeling to the state authorities that under Article 21 of the Constitution, prayer (1) be granted. 

As far as prayer (ii) was concerned, court said that under Article 21, it is the duty of the State to protect the right and liberty of each citizen. Since Ashraf had stated a serious apprehension about his life and liberty, court opined that through the bracketed word or through video conferencing prayer (ii) could be held just and proper.

Regarding prayer (iii), court directed the state authorities that for the transit of Ashraf from Bareilly to Prayagraj or any other jail or court, they shall ensure proper safety and provide proper security.

Further, as far as prayer (v) was concerned, court left it to the authorities to decide as to whether videography from jail would be in fitness of things.

Ashraf's counsel decided not to press the prayer (iv) at the present stage. Accordingly, court disposed of the plea with the abovesaid directions.

Case Title: Khalid Azeem @ Ashraf v. State Of U.P. And 5 Others