Doubts arise about complicity of UP Police in killing of Atiq and Ashraf Ahmed, says PUCL

File Photo/PTI

Country's top human rights body, People's Union for Civil Liberties (PUCL) on Wednesday said it is outraged at the "cold-blooded shooting down" of politician and former minister, Atiq Ahmed and his brother, Ashraf Ahmed, by a three-member gang in Prayagraj (Allahabad) in public and full glare of the media.

In a statement, the rights body said that what is deplorable is that Atiq and Ashraf, were surrounded by an armed team of policemen who allowed a set of media persons to interview them, when the three killers came to the spot on motorcycles, whipped out sophisticated guns and shot the brothers in cold blood at point blank range, with the armed police acting as mute spectators.

"What raises serious questions about the complicity of the police is the fact that the two brothers, who have been in police custody, were brought by the UP police late in the evening at about 10:30 pm on April 15, 2023, to the Prayagraj Government Hospital for a purported medical check-up. Though hand cuffed together, and surrounded by armed policemen, the two were permitted by the police to have a media meet in the open at about 1030 pm which was captured live on visual media, when the 3-member killer gang shot them dead."

The statement said that the killing is not just a security lapse on the part of the police, who failed to check the identity of the killers posing as media persons; a much more disturbing issue is how the killer gang knew that a media meeting would be held in the open, outside the hospital.

"Equally worrisome is the question why Atiq Ahmed and his brother were not transported by ambulance; why the medical check-up was at such an unusual time late at night and why despite the security concerns, the police permitted such a media meet in an open space and in public. The other question is as to why the police did not seek police custody of those who did the shooting?

"The answer to these questions will tell us whether it was a question of mere negligence by the UP police or a deeper conspiracy by the UP police and the UP administration, in the murders themselves?

"The suspicion as to whether the twin killings were planned affairs gets strengthened when viewed against the background of the encounter killing by the police on 13.04.2023 at Jhansi, of Asad Ahmed (son of Atiq Ahmed) and Ghulam, both of whom were also accused of the murder of Raju Pal. In effect, in a space of two days, four key accused persons in the Raju Pal murder case, had been killed in alleged encounters, by the UP police."

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Atiq Ahmed apprehended being killed in UP and his counsel had told the Supreme Court that if he was transferred from Gujarat to UP, it would literally be a death warrant. The Supreme Court while turning down the plea for protection had orally observed that since he was already in police custody, the state machinery would take care of him. Despite this grave apprehension expressed by Atiq Ahmed of being killed by the police in a staged encounter if he was brought to UP from Gujarat, the UP Government does not seem to have taken adequate steps to ensure this most basic guarantee, namely the right to life, the statement said.

The PUCL has expressed concern that this de facto policy of the Yogi Government of treating rule of law as an unnecessary irritant of no consequence, will result in the destruction of one of the basic pillars of constitutional democracy - the principle of 'Rule of law' and pave the way for lawlessness and brute power. It is up to other institutions of accountability right from the media, the judiciary, the NHRC and other independent human rights bodies to defend this core democratic principle in the face of this ferocious assault on the rule of law by the UP administration.

PUCL demanded that the Supreme Court should consider passing orders in the UP encounters PIL already pending before it, entrusting investigation into the quadruple encounter - murders of Atiq Ahmed, Ashraf, Asad Ahmed and Ghulam, on 13th and 15th April, 2023 to an independent investigating agency, preferably a SIT, consisting of Police officials from outside UP, under the direct supervision of the Supreme Court.

"The case should be investigated as a custodial killing in accordance with the Supreme Court guidelines in 'PUCL vs State of Maharashtra' (2014 (10) SCC 635). The UP administration has shown no respect for the rule of law and therefor a Supreme Court monitored probe will build faith and confidence among the larger public as compared to a probe initiated under the aegis of the UP government.

"A FIR be registered into the encounter killings immediately, naming the police persons responsible for the encounters, and transferred to the 'Special Investigation Team' comprising officials from outside UP, for free, fair and independent investigation.

"The police officials involved in the encounters should be immediately transferred out of their districts to enable the SIT to conduct an unbiased investigation and to ensure that evidence is not tampered with.

"Magisterial inquiry in accordance with law should be conducted. All the evidence, including forensic evidence by way of ammunition and weapons used, postmortem findings, chemical examination reports, electronic evidence and so on should be handed over to the jurisdiction Magistrate's court to prevent tampering with evidence.

"Compensation should be given to the surviving members of the family as a partial recognition of the irreparable loss caused to them. Police officials responsible and complicit in the offence should be punished in accordance with law."

The PUCL appealed to right thinking citizens concerned about the total breakdown of constitutional order to stand up and raise their voices to condemn state lawlessness. "We also appeal to the Supreme Court of India to take up the matter suo motu, considering the grave repercussions the matter can pose for the rule of law in the country."

The rights body has also raised questions for the Uttar Pradesh police asking:

"Why did the UP Police not seek 'Police Custody' of the killers of Atiq and Ashraf Ahmed when produced for remand before Duty Magistrate on 16.04.2023 itself, and agree to Judicial Custody?

"If the killer gang was unknown to the police, didn't the police think it important to interrogate them to find out how the killer gang knew about the police allowing the Ahmed brothers to meet the press at an unearthly hour of 1030 pm on 15.04.2023?

"Didn't the UP police think it was important to find out who all were behind the killer-gang by interrogating the 3 youngsters who shot Atiq and Ashraf?"