In a pivotal move, the State of Uttar Pradesh has presented a comprehensive status report to the Supreme Court, addressing concerns raised in the case of Vishal Tiwari v. Union of India. This comes in response to the Supreme Court’s directive from August 11, 2023, which sought clarity on the stage of investigations or trials in specific cases highlighted by the petitioner, Vishal Tiwari.
Tiwari had voiced apprehensions over alleged police encounters resulting in the deaths of several individuals in Uttar Pradesh, specifically naming encounters involving Prem Prakash Pandey & Atul Dubey, Amar Dubey, Prabhat Mishra & Praveen Dubey, Vikas Dubey, Asad, Atiq Ahmad, and his brother Ashraf.
The bench, comprising Justices S Ravindra Bhat and Justice Aravind Kumar, was examining two petitions. One was initiated by Advocate Vishal Tiwari, following the deaths of gangster-politician Atiq Ahmed and his brother. The second was lodged by Atiq Ahmed’s sister, Aisha Noori, who sought a court-monitored inquiry into her brothers’ deaths in April 2023 during a police custody medical check-up.
The State of UP, in its report, emphasized that each of the seven incidents spotlighted by Tiwari underwent rigorous investigation in line with the Supreme Court’s guidelines. They asserted that
“no fault has been found on the part of the police where investigations are complete.”
Detailing the incidents related to the Vikas Dubey Gang, the state revealed the formation of a 3-member Judicial Inquiry Commission, led by Dr. Justice (Retd.) B.S. Chauhan, to probe the Bikru incident and the subsequent deaths of Vikas Dubey and some associates. The commission’s report dated April 11, 2021, found no fault with the police’s actions. It observed,
“Thus, the evidence relating to the sequence of events which ultimately resulted in the death of accused Vikas Dubey do not raise any kind of suspicion or doubt about the genuineness of police version of events.”
Regarding the alleged encounter of Asad Ahmad and Mohd. Ghulam, the state informed the court that after an exhaustive investigation, the police version was found faultless, and Final Reports were presented to the Court. An ongoing inquiry by a Commission led by Justice (Retd.) Rajeev Lochan Mehrotra is also examining the police encounters leading to the deaths of gangsters Mohd. Asad Khan.
Delving into the murder of Atiq Ahmad and Ashraf, the state highlighted the formation of a Special Investigation Team (SIT) comprising three members. The affidavit stated,
“It was found that the accused individuals, Sunny Singh alias Purane Singh alias Mohit, Lavlesh Tiwari, and Arun Kumar Mauhad committed the crime with common intention and before the incident, they had stayed in a hotel on the basis of forged Aadhar cards, as a result, on the basis of evidence, section 34/419/420/467/468/471 IPC was included in the case.”
The State further emphasized its commitment to ensuring a transparent and impartial investigation into the incidents, stating,
“it is leaving no stone unturned to ensure a fair and impartial investigation into the incidents which includes the murder of Atiq Ahmad and Ashraf. The sweeping allegations made against it are completely false and unjustified.”
In addition to specific case investigations, the State of Uttar Pradesh has also established a 5-member judicial commission led by Justice (Retd.) Dilip Babasaheb Bhonsle. This commission’s inquiry is progressing, with the next meeting slated for October 8, 2023.
The report also detailed various measures taken by the State of Uttar Pradesh to ensure transparency and accountability in its law enforcement practices. These include the implementation of the PUCL Guidelines, submission of Daily Progress Reports, regular monitoring of police self-defense actions, steps to expedite legal disposal and monitoring, regular reviews, systematic reporting to the National Human Rights Commission, and the incorporation of recommendations concerning police raids.
