New Delhi: Uttar Pradesh Government has moved a caveat application in Supreme Court on a petition seeking to constitute an Independent Expert Committee under the Chairmanship of a former Supreme Court judge to inquire into the killing of Atiq and Ashraf amid police presence.
The Supreme Court on Monday said that it will list the plea seeking to constitute an Independent Expert Committee under the Chairmanship of a former Supreme Court judge to inquire into the killing of Atiq and Ashraf amid police presence. A Caveat application is filed by a litigant to ensure that no adverse order is passed against them without being heard.
Earlier, advocate Vishal Tiwari moved a Public Interest Litigation (PIL) in Supreme Court seeking to constitute an Independent Expert Committee under the Chairmanship of a former Supreme Court Justice to inquire into the 183 encounters which had occurred since 2017 as stated by Uttar Pradesh Special Director General of Police (Law and Order) and also to inquire into the murder of gangster turned politician Atiq Ahmed and his brother Ashraf who were in police custody.
In his plea, Tiwari also sought to constitute an Independent Expert Committee under the Chairmanship of a former Supreme Court judge to inquire into Atiq and Ashraf killings. Advocate Vishal Tiwari mentioned before the bench headed by Chief Justice of India DY Chandrachud seeking an urgent hearing of his plea and apprised the court that the matter be listed today. CJI Chandrachud said that some matters could not be listed as five judges are not available as they are unwell.
Advocate Vishal Tiwari, in his public interest litigation, has also sought to issue direction to unearth the fake encounters by directing the Central Bureau of Investigation to investigate, collect and record the evidence in the Kanpur Bikru Encounter case 2020 in which Vikas Dubey and his aides were killed by a police encounter. As the inquiry commission could not record the evidence in rebuttal of the police version and filed the inquiry report in the absence of that. ‘The Uttar Pradesh police tried to become the Daredevils’, the petition said
The petitioner said that his public Interest Litigation is against the violation of the rule of law and oppressive police brutality being perpetrated by Uttar Pradesh. The petitioner has apprised the court that he has approached the court in a matter pertaining to the Kanpur encounter on Vikas Dubey and said that a similar incident was repeated by Uttar Pradesh police that the encounter killing of Azad, son of Atiq Ahmad, a gangster turned politician and killing of Atiq Ahmad and his brother Ashraf by private assailants when they were in police custody and were taken for medical examination.
The petitioner said that such incidents are a severe threat to democracy and the rule of law, and such acts are establishments of anarchy and prima facie development of the police state. He also mentioned that extra-judicial killings or fake police encounters have been very severely condemned under the law and such things cannot exist in a democratic society. The police cannot be allowed to become a mode of delivering final justice or to become a punishing Authority, the petitioner said. ‘The power of punishment is only vested in the Judiciary. The police when becomes 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 also results in further crime’, the petitioner said.
On April 15, the gangster turned politician Atiq Ahmad and his brother Ashraf were killed when being taken for medical examination by the Uttar Pradesh Police. They were in the UP police custody and the police had the duty of providing the highest safety to the accused, the lawyer said.
The lawyer said that however few private assailants disguised as media journalists killed and shot dead Atiq and Ashraf in front of the police personnel with no protection given by the police. ‘Such is a direct attack on Indian democracy and the rule of law. Later the assailants were arrested but during the commission of the offence, there was no protection and retaliation by the police. Such imposes a question on the transparency and proves this matter as a pre-planned attack with no redressal for the accused’, Advocate Vishal Tiwari said in his petition.
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