Atiq's killing: Judicial Inquiry Commission's term extended by 3-month, UP govt tells SC [Read Status Report]

NEW DELHI: The Uttar Pradesh government has stated before the Supreme Court that it has constituted a Judicial Inquiry Commission under the chairmanship of former Chief Justice of Allahabad High Court Justice Dilip Babasaheb Bhonsale, a special investigation team of the police and a separate judicial inquiry at the district level on death of gangster politician Atiq Ahmad and his brother Khalid Azim alias Ashraf.

The duo was killed in full media glare on April 15, 2023 by three persons posing as media persons, while they were being escorted for medical examination at a hospital in Prayagraj.

Appearing for the Uttar Pradesh government, senior advocate Mukul Rohatgi on Monday, submitted before a bench of Justices S Ravindra Bhat and Aravind Kumar that a detailed status report has been filed by the state government.

He said the court may go through it and fix the matter for hearing next week.

Advocate Vishal Tiwari, who filed the PIL seeking independent probe into encounter deaths, claimed there was suppression of material facts in the status report.

The court, however, allowed him to file a rejoinder and posted the matter for consideration after two weeks.

During the hearing, a counsel for Aisha Noori, sister of Atiq, referred to her separate petition a direction for a comprehensive inquiry by a Commission headed by a retired judge of the top court into "custodial and extra judicial" killings of former MP Atiq, his brother ex MLA Mohd Ashraf and others.

On this, the bench said it was concerned with systemic problems and not the individual issues. The court agreed to consider her plea on the next date.

In its status report filed on June 30, the Yogi Adityanath government has stated that it is leaving no stone unturned in ensuring a "thorough, impartial and timely investigation" into the death of Atiq Ahmad and others.

Former Phulpur MP Atiq and his ex MLA brother Ashraf were shot dead in police custody in full media glare on April 15, 2023 by three assailants disguised as media persons.

The UP government's Home Department provided detailed backgrounds of the incident of April 15, inquiries being undertaken into the murders, as well as police encounters of Atiq's son Asad and his associates and steps being taken for implementation of the report of the Justice B S Chauhan Inquiry Commission formed after encounter of Kanpur Dehat's gangster Vikas Dubey and his associates.

On April 28, on Tiwari's PIL, the apex court had asked the UP government to file its status report.

The state government stated Atiq and his brother Ashraf were brought in Prayagraj from Sabarmati and Bareilly jails respectively for investigation into the murder of advocate Umesh Pal, a witness into the 2005 BSP MLA Raju Pal murder case. Umesh and his two UP police security guards were killed in a shootout captured on CCTV cameras on February 24, 2023 in Prayagraj.

Both Atiq and Ashraf were fired upon by three persons evidently disguised as media persons when the duo were being taken for a medical check up. All the three assailants were apprehended from the spot, it said.

After the incident, the state government set up a Judicial Inquiry Commission which was expanded on April 25, 2023. The Commission functioned under the Chairmanship of former Chief Justice of the Allahabad High Court, Justice Dilip Babasaheb Bhonsle, with Justice Virender Singh (former Chief Justice of the Jharkhand High Court) as Vice-Chairman, and Justice (Retd) Arvind Kumar Tripathi - II (former judge, Allahabad High Court), Subesh Kumar Singh, IPS (retd) (Former DG, UP) and Brijesh Kumar Soni, retired District Judge, as its members.

On June 23, the Commission was granted a three-month extension upon its request to submit its report by September 24, 2023.

The Commissioner of Police, Prayagraj also set up a Special Investigation Team, which is supervised by a three-member team led by ADG Prayagraj zone.

"The Commissioner of Police, Commissionerate Prayagraj and District Magistrate, Prayagraj, by a joint letter on April 16, 2023 to the District Judge, Prayagraj, also sought the appointment of the Judicial Magistrate for a judicial inquiry into the incident, which was granted on April 26, 2023. The said Magisterial Inquiry is in progress as well," it said.

Furthermore, the State is also inquiring into security lapses that may have led to the three attackers getting through the police cordon and firing at Atiq Ahmed and Ashraf, the state government informed, it said.

[Read Status Report]