Inquiring Into Security Lapses Which May Have Led To Killings Of Atiq Ahmed & Brother : UP Govt Tells Supreme Court

Responding to a PIL filed seeking independent investigation into the killings of Atique Ahmed and his brother Ashraf while in police custody, an affidavit has been filed by Special Secretary, Home Department on behalf of State of Uttar Pradesh in pursuance of an order passed by Supreme court on 28th April, 2023. The court had asked to submit information detailing the steps taken to inquire into the deaths of dreaded gangsters Atiq Ahmed and his brother as well as in a prior incident where his sons were killed in a retaliatory firing by the police. It also sought to know the steps taken pursuant to police reform recommendations made by Justice BS Chauhan Committee which had probed Vikas Dubey Encounter case.Inquiry into the death of Atiq Ahmed and his brotherThe affidavit narrates various events which took place when Atiq Ahmed and his brother were in custody. It is said that on April 15, the accused were taken from the police station for recovery of weapons and about 17 firearms were recovered. On way back, they complained on uneasiness and they were hence taken to Motilal Nehru hospital at around 10.20 PM. Media teams were following the police vehicles."As soon as the police team had taken a few steps into the hospital premises, the crowd of media personnel broke through the security cordon and accosted the team to get statements of the accused. Accused Atig and Ashraf stopped and started speaking with the media persons.Suddenly, 2 of the media persons in the crowd dropped their respective cameras and mics, took out state-of-the-art semiautomatic weapons and started firing at the accused. A third purported media person also joined in the firing, and before anyone could react, all 3 persons, evidently disguised as media persons, had shot Atiq Ahmed and Ashraf, who collapsed on the spot. The whole incident lasted around 9 to 10 seconds only", the affidavit stated. One constable and few journalists also received gun shot injuries. The attackers identified as Lavlesh Tiwari, Mohit alias Sunny Purane and Arun Kumar Maurya were later arrested.In the aftermath of the incident, a 3 member judicial inquiry commission was constituted by the State government on 16th April, 2023 to submit a report within 2 months. It was later expanded to a 5 member commission headed by the former Chief justice of Allahabad high court Hon’ble J. Dilip Babasaheb Bhonsle.The committee examined a total of 38 witnesses and was yet to examine 45 more witnesses. Therefore, the state government extended its tenure by another 3 months up to 24th September 2023.Moreover, a 3 member SIT was constituted by the Commissioner of Prayagraj headed by Additional DCP. It is being supervised by a 3 member team formed by DGP, UP for a scientific, impartial, and thorough investigation. Crime scene reconstruction was carried out by the forensics team and a statement of 78 witnesses including 34 eyewitnesses were recorded. They recovered 3 pistols, magazines, and NCR News channel Mike. Further, recoveries of phones and forensic investigation of pellets are being carried out.Details of the progress of the investigation were provided to NHRC by Commissioner, Prayagraj after a complaint was made in this regard. A magisterial inquiry was also in progress to look into the incident.The state was also inquiring into the security lapses which may have led the attackers to breach the security cordon and open firing at Atiq Ahmed. 4 police officers and the SHO of Shahganj have been suspended.Inquiry into death of Atiq’s son Mohd Asad and Ghulam KhanA 2 member judicial commission headed by Hon’ble Justice(Retd.) Rajiv Lochan Mehrotra was set up for an inquiry into police encounters that led to their deaths on 13th April 2023 in Jhansi. It submitted that the state had fully complied with the directions of this court passed in PUCL v. State of Maharashtra(2014). Accused were administered first aid on the spot, panch witnesses were appointed and a post-mortem was conducted under videography by a panel of 3 doctors. NHRC was informed within 24 hours of the incident.The IO had taken custody of the policemen’s glock pistols and sent them for forensic investigation. Evidence of the crime scene was collected and an investigation is underway.The City Magistrate Mr. Ankur Shrivastava was nominated to conduct a magisterial inquiry into this incident.Steps taken to implement Hon’ble J. BS Chauhan’s Committee Report on police reformsPost Bikru incident and subsequent deaths of Vikas Dubey, this committee was constituted to suggest police reforms to prevent such future occurrences by this court. It had concluded that police versions of retaliatory firing could not be doubted. It also flagged the unholy nexus between police and Vikas Dubey which led to the massacre of 8 policemen in Bikru incident.Separation of law and order and investigation wing of police- ASP(Crime)/DCP(Crime) have been appointed and crime branches have been formed in all districts. Investigation units have been...

Inquiring Into Security Lapses Which May Have Led To Killings Of Atiq Ahmed & Brother : UP Govt Tells Supreme Court

Suraj Kumar

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