Apex Court Dismisses Plea Of Jailed Former MP Atiq Ahmad Who Apprehended Fake Encounter By UP Police

The Supreme Court today refused to entertain the plea filed by gangster turned politician Atiq Ahmad who approached the Apex Court seeking direction for the protection of life and to ensure that no physical or bodily injury or harm is done to him in any manner whatsoever during police custody, remand, or interrogation.

“Go to High Court and file your application,” said a Bench comprising Justice Ajay Rastogi and Justice Bela M Trivedi. The Court also did not entertain the prayer for interim protection till the application is filed before the Allahabad High Court.

Additional Solicitor General KM Natraj appeared for respondents in the plea.

“I am not saying that there should not be any investigation. I am only seeking protection and safety of my life,” said the counsel for Atiq.

“You are in judicial custody. State machinery will take care of it,” said the Court.

"Milord, he has been brought (to Uttar Pradesh) but threat to my life is still continuing,” further submitted the Advocate who appeared on behalf of Atiq when Justice Trivedi said that “He (Atiq) has already been brought there.”

“There is a direct threat made on the floor of the House. If your lordships do not grant me protection, it will be a death warrant for me,” said counsel for Atiq seeking protection from the Apex Court.

The Counsel for the petitioner sought withdrawal of the petition with the liberty to file an application before the High Court.

“Liberty to file an application before the High Court,” ordered the Court.

On March 17, the Court adjourned the matter and posted it for hearing today. "The matter was mentioned by the learned counsel for the petitioner before the Hon'ble Chief Justice for urgent listing. Today when the matter has come on Board, the learned counsel for the petitioner has shown his inability to argue the matter,” recorded the Court expressing its displeasure when adjournment was sought during the previous hearing.

Atiq has been MLA for 5 consecutive terms and one time elected Member of Parliament. His petition prayed that Uttar Pradesh Police may be restrained from taking the petitioner from central jail Ahmedabad to Prayagraj or any part of Uttar Pradesh.

On February 25, Uttar Pradesh Police registered an FIR against Ahmed along with his entire family in Prayagraj for the murder of one Umesh Pal, the prime witness in the 2005 murder of Bahujan Samaj Party (BSP) MLA Raju Pal.

Recently, CM Yogi Adityanath made a statement on the floor of the UP legislative assembly that under his governance ‘mafias’ will be destroyed and eliminated completely. “Mafia ko mitti me mila doonga,” said CM Yogi.

The petition said that the statement to destroy and eliminate the Petitioner completely has been made by as high a constitutional functionary as the Chief Minister of the State and that too on the floor of the State Assembly without any prior investigation, merely on the basis of suspicion.

“They are planning to eliminate the petitioner and his brother in transit between Jail to court. In past three years some incidents like this happened in Uttar Pradesh by U.P. Police,” the plea said.

“Therefore, there is a genuine and perceptible threat to the life of the petitioner and his family members,” read the petition. "Petitioner genuinely apprehends and believes that the petitioner may be killed in fake encounters on one pretext or the other by UP Police," it read further.

Cause Title- Atiq Ahmad v. Union of India & Ors.