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On Saturday night, the Ahmad brothers were shot dead in a shocking incident around 10 p.m. as they were being taken to a hospital in Prayagraj for a medical examination in the presence of police and the media.
The Uttar Pradesh Government informed Supreme Court in Friday that it will file a comprehensive affidavit stating the steps taken by it for looking into the murder of gangster and politician Atique Ahmed and his brother while in police custody on April 15 and Atique’s son Asad on April 14.
The bench was hearing a plea seeking probe into gangster and politician Atique Ahmed's murder in Prayagraj while they were in police custody. Today, before a bench of Justices Ravindra Bhat and Dipankar Datta, Senior Advocate Mukul Rohatgi appeared for state government of Uttar Pradesh and said that since Special Investigation Teams (SIT) had already been constituted to look into the murders and there was no need to issue notice in the present petition.
The bench also pondered over whether the SIT could broaden its ambit and probe into incidents that occurred prior to the murder.
The bench also asked UP Government that it needed to be seen how the murderers knew of the plan to take Atique and his brother to the hospital.
A bench of CJI DY Chandrachud, Justice PS Narasimha & JB Pardiwala had earlier said that they will hear the plea by Advocate Vishal Tiwari on April 24.
Advocate Vishal Tiwari has moved the Apex Court under Article 32 of the Constitution of India seeking an investigation by a judicial committee led by a retired judge of the apex court into the murder of gangster-turned-politician Atiq Ahmed and his brother Ashraf Ahmed while they were in police custody.
Through his plea, Tiwari requested the Central Bureau of Investigation (CBI) to undertake responsibility for the investigation into the Vikash Dubey fake encounter case in 2020.
His plea also requested an investigation into the 183 encounters that have occurred in Uttar Pradesh since 2017.
He highlighted that, how these encounters destroy the democracy in the state of Uttar Pradesh. It was stated that such actions by police are nothing but a threat to democracy and rule of law, which gives rise to anarchy in the state.
The petition added that extrajudicial killings or fake police encounters have been severely punished by the law. In a democratic society, the police cannot become a means of providing final justice or punishing authority. Only the Judiciary has the authority to impose punishment.
“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 hands of the Judiciary. The police when become DARE DEVILS then the entire Rule of law collapses and generates fear in the mind of people against the police which is very dangerous for democracy and this also results in further crime.”
Case Title: Vishal Tiwari vs. Union Of India and Ors.
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