The Supreme Court on Monday agreed to list on April 28 the plea seeking the constitution of an independent expert committee under the chairmanship of a former SC judge to probe the killing of mafia brothers Atiq Ahmed and Ashraf amid police presence. Last week, Atiq Ahmed (60) and his brother Ashraf were shot dead at point-blank range by three men posing as journalists in the middle of a media interaction, while police were escorting them to a medical college in Prayagraj for a checkup.
"The matter could not be listed today due to the non-availability of some of the judges. The next date is on Friday (April 28)," advocate Vishal Tiwari informed, as quoted by news agency PTI.
Since five judges are not available, some cases in which dates were given have not been listed. We will try to list this on Friday (April 28), the CJI said, adding, some apex court judges are down with Covid-19 while some others are indisposed due to other reasons, PTI reported.
This comes as a police investigation is underway at Atiq Ahmed's office in Prayagraj. Bloodstains and knife were found, news agency ANI reported.
Earlier, a bench headed by Chief Justice DY Chandrachud took note of the submissions of advocate Vishal Tiwari who mentioned the matter of Atiq Ahmed's murder seeking an urgent hearing. The plea has also sought an inquiry into the 183 encounters that have taken place in Uttar Pradesh since 2017.
The plea said such actions by police are a severe threat to democracy and rule of law and lead to a police state. In a democratic society, the police cannot be allowed to become a mode of delivering final justice or to become a punishing authority. The power of punishment is only vested in the judiciary, the plea submitted.
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An FIR was filed at Shahganj police station under Indian Penal Code sections 302 (murder), 307 (attempt to murder), and the Arms Act against the three alleged assailants of Atiq and Ashraf.
On Sunday, the three accused were brought before a remand magistrate, who sentenced them to 14 days in judicial custody. They were initially detained in Naini jail before being transferred to Pratapgarh prison for security reasons.
According to the post-mortem report, Atiq suffered one bullet wound to the head, one to the neck, two on the chest, and the remaining bullets in various parts of his body, including the stomach and hand. One bullet was lodged in the upper part of Atiq's head from the left temple.
Ashraf, on the other hand, was shot twice in the head, with bullets also found in his throat, chest, and abdomen.
The post-mortem examination was conducted by a team of five doctors, who carefully examined the bodies and recorded their findings.