Months after gangster-turned-politician Atiq Ahmed and his brother Ashraf Ahmed were gunned down, while in police custody in Uttar Pradesh, their sister Aisha Noori has moved the Supreme Court seeking a probe headed by a retired judge or or an “independent agency” into the ‘state-sponsored killing’ of the duo.
Noori has also sought a probe into the death of her nephew and Atiq’s son – Asad Ahmed – who was killed in a police encounter in Jhansi, days before the duo’s death.
She has further alleged in her petition that the deaths of her family members are connected to a “vicious, arbitrary, and unlawful campaign by the Government of Uttar Pradesh.” And, that, without a “comprehensive and independent inquiry,” their rights under Article 21 of the Indian Constitution stand violated.
“The purpose of such an investigation is to ensure the effective implementation of the guarantee of life and liberty under the Constitution and to ensure that wherever State agents and bodies are involved in any case of extra-judicial killing, they are held accountable for the same,” the petition added.
The petition also seeks to “bring home the responsibility of the higher authorities who are ultimately responsible for killing the Petitioner's family members.”
“A piecemeal inquiry that only looks at singular encounters/killings that have taken place during the campaign would fail to bring home the responsibility of the higher authorities who are ultimately responsible for killing the Petitioner's family members,” it said.
“Furthermore, it would centre the blame for the deaths on the officers present on the spot in each case rather than the authorities who are responsible for authorising, planning and coordinating such acts,” the petition added.
While the Supreme Court is yet to admit Noori's petition, another public interest litigation seeking an independent inquiry into the deaths of the brothers is pending before the apex court. In that petition, the Supreme Court has sought a ‘comprehensive affidavit’ from the Uttar Pradesh government on the steps taken to enquire into the killings, besides seeking information on the inquiry into the encounter killings of the other accused in the Umesh Pal murder case, including Atique Ahmed's son Asad
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