The Supreme Court directed the State of Uttar Pradesh to file a ‘comprehensive’ affidavit on the progress of investigation/prosecution into 183 police encounter killings, which have allegedly taken place in the state since 2017.
The Bench of Justice S. Ravindra Bhat and Justice Aravind Kumar passed the orders on Friday on two petitions filed in the backdrop of killings of gangster-politician Atiq Ahmed and his brother.
The Apex Court told the State of Uttar Pradesh that it needed an affidavit from a senior DGP level rank officer on the extent of compliance with the past guidelines issued in relation to police encounters. It further explored the possibility of framing further guidelines to deal with the issue of custodial killings.
The Bench made it clear that it was not here to conduct an investigation, but to see that the system was in place.
Appearing for the state of UP, the State Advocate General contended that the State has filed an affidavit explaining the steps and that the enquiry by the Commissions constituted by the State in respect of the killings of Atiq gang was going on.
The top court of the country directed the state to ensure concrete action in the extra-judicial killings, seeking information about the accused, the stage of the investigation and adherence to the guidelines issued by the National Human Rights Commission (NHRC).
Calling it a ‘worrisome matter,’ the Bench further expressed its concern over the prevalence of crimes within jails and the ‘broader nexus’ behind such incidents.
When asked about the steps taken by authorities to monitor the situation, the Advocate General replied that they have filed an additional affidavit and that the Commission would require one month’s time to complete the process.
The Apex Court further expressed displeasure over the accused gaining access to information, which could aid their criminal activities within jails.
It mentioned the DK Basu case, which established guidelines to prevent custodial torture and deaths. The Bench observed that this was a systemic issue, which needed regular correction. Exploring the possibility of elements within police being involved in such crimes, the Bench observed that it was difficult to inspire confidence when such killings were happening in custody.
Petitioner-in-person, Advocate Vishal Tiwari questioned the credibility of the Special Investigation Team (SIT) handling the Atiq Ahmed murder case, pointing out that allegations were levelled against the police officers also.
The Apex Court then suggested introducing a high-ranking officer to supervise the probe to ensure a more accountable and trustworthy process. It further expressed surprise over the killing of gangster-turned-politician Atiq Ahmed and his brother Ashraf in police custody.