New Delhi [India]: The Supreme Court (SC) on Tuesday agreed to list on April 24 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.
Advocate Vishal Tiwari mentioned before a bench headed by Chief Justice of India DY Chandrachud seeking an urgent hearing of his plea. The top court listed it for April 24.
Advocate Tiwari mentioned in SC’s urgent hearing of his plea seeking to constitute an Independent Expert Committee under the chairmanship of a former Supreme Court judge.
Advocate Tiwari moved a plea 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 inquire into the brazen murder of gangster-turned-politician Atiq Ahmed and his Ashraf while in police custody.
Atiq and Ashraf were shot dead while they were taken to a hospital in Prayagraj on Sunday, in heavy police presence.
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.
“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 the fear in the mind of people against the police which is very dangerous for the Democracy and this also results into further crime,” the petitioner said.
On April 15, the day they were shot dead in full media glare, Atiq and Ashraf were in the custody of UP Police and the onus was on them to ensure the safety of the gangster siblings, the lawyer said.
The lawyer said, however, the assailants, disguised as media professionals, shot Atiq and Ashraf dead in front of the police personnel.
“This is a direct attack on Indian democracy and rule of law. Later the assailants were arrested but during the commission of the offence, there was no protection or 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.