New Delhi [India], April 18: The Supreme Court agreed on Tuesday to hear a petition seeking the formation of an Independent Expert Committee chaired by a former Supreme Court judge to investigate the deaths of Atiq and Ashraf in the presence of police on 24 April.
Advocate Vishal Tiwari requested an urgent hearing of his plea before a bench led by Chief Justice of India DY Chandrachud. The date has been set for 24 April by the Supreme Court. Advocate Tiwari mentioned in the Supreme Court’s urgent hearing of his petition to form an Independent Expert Committee chaired by a former Supreme Court judge. Advocate Tiwari petitioned the Supreme Court to form an Independent Expert Committee chaired by a former Supreme Court Justice to investigate the 183 encounters reported by Uttar Pradesh Special Director General of Police (Law and Order) since 2017, as well as the brazen murder of gangster-turned-politician Atiq Ahmed and his Ashraf while in police custody.
On Sunday, Atiq and Ashraf were shot dead as they were being taken to a hospital in Prayagraj under heavy police protection. Advocate Vishal Tiwari, in his public interest litigation, also sought a direction to unearth the fake encounters by directing the Central Bureau of Investigation (CBI) to investigate, collect and record the evidence in the Kanpur Bikru Encounter case 2020, in which Vikas Dubey and his aides were killed by police in the encounter as the inquiry commission could not record the evidence in a rebuttal of police version and filed the inquiry report in absence of that.
“The daredevils which Uttar Pradesh police has tried to become,” the petition stated.
The petitioner said his PIL is against the violation of rule of law, alleging that oppressive brutality was being perpetrated by Uttar Pradesh Police.
The petitioner apprised the court that he approached it in a matter pertaining to the Kanpur encounter with Vikas Dubey, saying that a similar incident was repeated by Uttar Pradesh police in the encounter killing of Asad, son of Atiq Ahmad.
The petitioner said that such incidents are a severe threat to the democracy and rule of law, and are establishments of anarchy and, prima facie, development of a police-state.
He also mentioned that extra-judicial killings or fake police encounters have been condemned under the law and such things cannot exist in a democratic society, adding that the police cannot be allowed to become a mode of delivering final justice or become a punishing authority. “Only the Judiciary has the authority to punish. When the police become ‘DARE DEVILS,’ the entire rule of law collapses, instilling fear in the minds of the public against the police, which is extremely dangerous for democracy and leads to increased crime “According to the petitioner.
Atiq and Ashraf were in the custody of UP Police on 15 April, the day they were shot dead in full media spotlight, and the onus was on them to ensure the safety of the gangster siblings, the lawyer said.
According to the lawyer, the assailants, disguised as media professionals, shot Atiq and Ashraf dead in front of police officers. “This is an open assault on Indian democracy and the rule of law. The assailants were later apprehended, but there was no police protection or retaliation during the crime. This calls into question transparency and demonstrates that this was a preplanned attack with no recourse for the accused “Vishal Tiwari, an advocate, stated in his petition.
