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

Countryrsquos top human rights body Peoplersquos Union for Civil Liberties PUCL on Wednesday said it is outraged at the ldquocoldblooded shooting downrdquo of politician and former minister Atiq Ahmed and his brother Ashraf Ahmed by a threemember gang in Prayagraj Allahabad in public and full glare of the mediaIn 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 spectatorsldquoWhat 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 1030 pm on April 15 2023 to the Prayagraj Government Hospital for a purported medical checkup 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 3member killer gang shot them deadrdquoThe 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 hospitalldquoEqually worrisome is the question why Atiq Ahmed and his brother were not transported by ambulance why the medical checkup 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 shootingldquoThe 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 themselvesldquoThe 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 13042023 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 policerdquoAlso readWith cases rising Maharashtra govt activates 25 dedicated Covid19 hospitalsAtiq 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 saidThe 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 ndash the principle of Rule of lawrsquo 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 administrationPUCL 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 CourtldquoThe case should be investigated as a custodial killing in accordance with the Supreme Court guidelines in PUCL vs State of Maharashtrarsquo 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 governmentldquoA FIR be registered into the encounter killings immediately naming the police persons responsible for the encounters and transferred to the Special Investigation Teamrsquo comprising officials from outside UP for free fair and independent investigationldquoThe 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 withldquoMagisterial 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 Magistratersquos court to prevent tampering with evidenceldquoCompensation 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 lawrdquoThe 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 ldquoWe 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 countryrdquoThe rights body has also raised questions for the Uttar Pradesh police askingldquoWhy did the UP Police not seek Police Custodyrsquo of the killers of Atiq and Ashraf Ahmed when produced for remand before Duty Magistrate on 16042023 itself and agree to Judicial CustodyldquoIf the killer gang was unknown to the police didnrsquot 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 15042023ldquoDidnrsquot the UP police think it was important to find out who all were behind the killergang by interrogating the 3 youngsters who shot Atiq and Ashrafrdquo