A plea has been filed in the Supreme Court for a direction for a comprehensive inquiry by a Commission headed by a retired judge of the top court into "custodial and extra judicial" killings of Uttar Pradesh's gangster-politician Atiq Ahmad, his brother Mohd Ashraf and others.
The petition filed by Aisha Noori, Meerut-based sister of the slain gangsters, sought orders for probe into campaigns of encounter killings, arrests and harassment of her family by the Uttar Pradesh government due to vendetta.
Citing Article 21 of the Constitution, her plea stated it casts a positive procedural obligation on State authorities to effectively investigate into the custodial deaths of the petitioner's family members.
"The purpose of such an investigation is to ensure the effective implementation of the guarantee of life and liberty under the Constitution and to ensure that wherever State agents and bodies are involved in any case of extra-judicial killing, they are held accountable for the same regardless of their standing and rank," it stated, adding piecemeal inquiry would not lead to those responsible for authorising, planning and coordinating such acts.
The petitioner claimed that deaths of the her family members -- Atiq Ahmad, Khalid Azim alias Ashraf and Atiq's son Asad and their associates -- are connected parts of a "vicious and unlawful campaign by the Government of Uttar Pradesh to seek retribution for the deaths of two police officers namely Sandeep Nishad and Raghvendra Singh who were killed along with Umesh Pal in the unfortunate incident of February 25, 2023".
She also pointed out days before his death, his brother Atiq approached the top court, fearing for his life but his plea was declined to be entertained with liberty to approach the High Court.
Former Phulpur MP Atiq and his ex MLA brother were killed in police custody on April 15 in full media glare from a point blank range by three shooters while they were being taken to a hospital in Prayagraj for medical check up.
Atiq’s son Asad was also shot dead by a special task force (STF) team during an encounter in Jhansi on April 13.
On April 28, acting on a PIL by advocate Vishal Tiwari, the Supreme Court had directed Uttar Pradesh government to bring on record steps taken, including inquiries initiated into the killings of Atiq and his brother Ashraf.
In her petition, Atiq's sister contended that the very fact that six persons, who are named as accused in the FIR with regard to murder of Umesh Pal, a witness, have all either been killed by the UP police in so-called "encounters" or have died in police custody is "sufficient to infer that the UP government is treating itself as judge, juror and executor in the Umesh Pal murder case".
It is pertinent to note that under Indian criminal law, the death sentence is reserved for the rarest of rare cases and can only be awarded according to procedure established by law. The role of the police is to investigate crimes and not that of executioners, it contended.
The petitioner also referred to speech of UP Chief Minister Yogi Adityanath in legislative assembly to finish off the mafia, to contend that it is apparent from the statements that the state government has granted full impunity to the police and in fact encouraged the police to resort to encounters a normal mode of law enforcement in the State.
"It follows that unless a comprehensive inquiry is carried out by an independent agency which can hold to account high-ranking officials of the UP government who have planned, coordinated, and executed the campaign against the petitioner's family - the government will not be deterred in continuing with and launching further such unconstitutional campaigns," her plea stated.