NEW DELHI: Uttar Pradesh's dreaded mafia don-turned-former MP Atiq Ahmad has approached the Supreme Court against shifting him to Prayagraj from Sabarmati jail in a case related to killing of a witness in open shooting incident, fearing that he might be "eliminated" in encounter by the police.
In a writ petition, he contended that he was five-time consecutive time MLA and one time elected MP.
Some local leaders who are holding important chairs in UP government couldn't accept the induction of petitioners wife in Bahujan Samaj Party and her name in Mayoral elections as BSP candidate because they know their fate in local bodies election (corporation elections) as well in forthcoming Parliament elections in 2024. So they have conspired the murder plan of the deceased Umesh Pal who is complainant in a case against the petitioner in which his evidence got recorded six year ago, his plea said.
It may be noted that there is no motive for petitioner to kill him (Umesh) because trial is going to end in next month and there was nothing left to be done by Umesh Pal in the trial and court has to decide the case after arguments are over.
"It was very well known to the rivals of Petitioner that if anything were to happen to Umesh Pal then petitioner would certainly be the prime suspect in view of the pending case against him by Umesh Pal and he will be made an accused. The same has been done," it added.
"After the murder of Umesh Pal, opposition put fuel in the fire in house which provoked the Chief Minister Yogi Adityanath to say he would finish mafia (me) "mafia ko mitti me mila doonga" because petitioner was the main subject in argument in house," it said.
"This statement of the CM of UP strengthened devious plan of some police officer who are playing in hands of political rivals of petitioner. They are planning to eliminate the petitioner and his brother in transit between jail to court. In past three years some incidents like this happened in Uttar Pradesh by UP Police," the plea contended.
Ahmad and his brother, along with several others were named as the accused in murder case of Raju Pal, then BSP MLA from Allahabad (West) constituency. On February 25, one of the witnesses Umesh Pal was killed in Prayagraj in which wife of Ahmad, all four sons and brother have been roped in as accused as "mere suspicion".
The writ petition sought directions to protect the life and also to ensure that no physical or bodily injury or harm is done to him "in any manner whatsoever during police custody/ remand/ interrogation," and also issue orders from taking the petitioner from central jail Ahemdabad to Prayagraj or any part of the state of UP.
"The investigation merely on the basis of suspicion, has made a statement on the floor of the State Assembly that the petitioner will be destroyed and eliminated completely. Therefore, there is a genuine and perceptible threat to the life of the petitioner and his family members. In such circumstances, the petitioner is constrained to file the present writ petition under article 32 of the Constitution of India before this court for the protection of his life guaranteed under Article 21 of the Constitution. Petitioner genuinely apprehends and believes that the petitioner may be killed in fake encounters on one pretext or the other by UP police. It is submitted that it is a deep political conspiracy against petitioner and his family members petitioner," it claimed.
