NEW DELHI: India's top court on Friday directed the Uttar Pradesh government to submit an affidavit detailing the trial and investigation statuses related to the 183 encounters that have occurred in the state since 2017. The court, hearing pleas seeking the constitution of a commission chaired by a retired SC judge to inquire into the police custody deaths of gangster Atiq Ahmed and his brother Ashraf on April 15, 2023, said the scope of the matter extended beyond the case.
Expressing concerns over the growing instances of police encounters and custodial deaths, not only in Uttar Pradesh but also in other states, a bench led by Justice SR Bhat emphasized the necessity of establishing a functional mechanism to monitor the progress of investigations.
“We require information about the accused, trial stage, and adherence to NHRC guidelines. Why these incidents occur within prison walls is a question. There appears to be a connection. We must sever this link. What is the investigation status? What charges are being pursued? This trend extends beyond one state. Clarify NHRC guidelines. Describe the state’s position and its application in other trials,” asked Justice Bhat.
“We have commissions and Special Investigation Teams (SIT). PUCL guidelines are also at our disposal. Numerous cases have risen. Is there an established procedure? How is the prosecution progressing? We want this as a reference point. Similar incidents have occurred in other states. How have they been dealt with?” he asked.
Justice Aravind Kumar, also a part of the bench, asked, “How was the information obtained? This is crucial. Can a group of 5-10 guards be easily overpowered for a shooting? Is this plausible? There is likely complicity. It is not solely the leader’s fault.”
Senior Advocate Mukul Rohatgi, representing the UP government, apprised the court about the formation of SITs and inquiry commissions, highlighting the state’s prompt response.
Senior Advocate Siddhartha Dave, representing Atiq’s sister, said, “Two commissions were established, one led by Justice Bhonsale and the other by Rajiv Lochan. These separate inquiry commissions might yield varying conclusions. Uttar Pradesh might need to clarify its alignment with NHRC guidelines.”
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