The Supreme Court has asked the Uttar Pradesh government to file a comprehensive affidavit on the steps taken in its probe so far into the killings of gangster Atiq Ahmed and his brother Ashraf in Prayagraj on April 15. The two brothers were being taken for a court-mandated medical check-up in police custody when they were shot at from point-blank range.

Hearing a plea seeking an independent inquiry into the killings of the Ahmed brothers as well as 183 other encounter killings in the state, a bench of Justices S Ravindra Bhat and Dipankar Datta also asked the UP government to submit details on the inquiry into the encounter killings of other accused in the Umesh Pal murder case, including Atique’s son Asad.

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During the course of the hearing, the bench asked senior advocate Mukul Rohatgi, appearing on behalf of the UP government, how the killers, who posed as camerapersons, were aware that the two brothers were being taken to the hospital. “How did they know?” Justice Bhat asked.

The bench also wondered why the UP Police did not use an ambulance to transport them to the hospital instead of making them walk to the entry gate of the hospital. “Mr Rohatgi, why were they not taken to the hospital gate in an ambulance? Why were they made to walk and paraded?” asked Justice Datta. Rohatgi responded to the court’s query stating that the killers were made to walk as the distance was very short.

In his submission, Rohatgi said that the killers came in the guise of news photographers. “They had passes, were carrying cameras, and were even carrying identity cards that were later found to be fake. There were 50 people there and more people outside. This is how they managed to kill Atique and Ashraf” the senior counsel explained.

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Rohatgi further argued that Atique and Ashraf were to be taken for a medical check-up every two days according to a Supreme Court order, which the killers were also aware of. “These assailants have been going three days in a row,” Rohatgi responded.

The UP government’s counsel also apprised the court that the state has appointed an inquiry commission as well as a Special Investigation Team of the state police. “The commission comprises two chief justices, another judge, and a police officer. We have also appointed an SIT. What more can we do?” Rohatgi said.

The petitioner, advocate Vishal Tiwari, on the other hand, asked how the SIT of the UP Police would probe the incident when the state itself is an accused. He also argued that the Commission set up by the UP government was only looking into one particular incident whereas his petition sought a probe into encounter killings in UP in general.

“You are saying there is a pattern. If there is indeed a pattern, we could always request the commission to consider some other sample cases and come out with its recommendations,” Justice Bhat observed.

“A comprehensive affidavit would be filed indicating the steps taken to inquire into the deaths which occurred on April 15 near Motilal Nehru Divisional Hospital, Prayagraj. The affidavit shall also disclose the steps taken with respect to the incident that occurred immediately prior to the one in question and also disclose the follow-up steps taken following Justice BS Chauhan commission report. List after three weeks,” the bench said in its order.

(With inputs from Live Law)