'Regular monitoring of police self-defence action’, UP govt tells SC on encounters since 2017

The Uttar Pradesh government has informed the Supreme Court that there is regular monitoring of police self-defence action in which accused persons have died and, in all encounters, that have taken place since 2017.

The details of criminals killed and results of enquiry are collected and scrutinised every month at the police headquarters level, it said.

On August 11, the apex court had asked the UP government to submit a comprehensive affidavit on the progress of investigation in 183 encounters in the state since 2017.

A PIL filed by advocate Vishal Tiwari, while seeking independent probe into the killing of gangster-politician Atiq Ahmed and his brother in police custody, had raised the issue of 183 encounters in Uttar Pradesh since 2017.

In its status report, the Uttar Pradesh government said, with regard to the legal disposal of the investigation of the cases registered in connection with police encounter incidents and the execution of magisterial inquiry, proper monitoring is ensured from time to time by issuing appropriate instructions to the concerned zonal additional DGP and Police Commissioner at the police headquarters level.

“Requests have also been made to the Uttar Pradesh government by the headquarters level from time to time regarding speedy disposal of magisterial enquiries into incidents of death in police encounters," it said.

The state government also said regular review is done at the police headquarters level after receiving information from all zones/ commissionerates regarding investigation/magisterial enquiries of cases registered in relation to criminals killed in the actions taken by police in self-defense and ongoing enquiries by the National Human Rights Commission (NHRC).

The report said the office of State Crime Records Bureau, Uttar Pradesh, while monitoring the incidents related to deaths in police encounters, sends information about all the incidents to the NHRC every six months.

With regard to alleged encounter of Asad Ahmad, Atiq’s son, and Mohd Ghulam on April 13, 2023, the state submitted that no lapses were found in the police version and final report was submitted to the court, and no police personnel has been found guilty in the magisterial inquiry.

With regard to shooting down of Atiq and his ex-MLA brother Ashraf on April 15, the state government said the three accused, who posed as media persons, were arrested and the chargesheets have been filed against them.

"The state is leaving no stone unturned to ensure a fair and impartial investigation into the incidents and the sweeping allegations against the state made the plea are completely false and unjustified," it said.

The state government also informed it has constituted two Commissions of Inquiry viz, a two-member Commission of Inquiry headed by Justice (retd) Rajeev Lochan Mehrotra, former judge, Allahabad High Court, to inquire into the deaths that occurred in police encounters on February 27, 2023, March 6, 2023 and April 13, 2023.

Besides, a five-member Commission of Inquiry headed by former Chief Justice of the Allahabad HC, Justice (Retd) Dilip Babasaheb Bhonsle, has been formed to inquire into the murders of Atiq Ahmed and his brother on April 15, 2023.

The work of Mehrotra Commission is proceeding and is expected to be completed soon.

The term of Bhonsle Commission, which was previously extended by three months, has further been extended by another two months on September 23, 2023.