The sensational killing of former MP and Mafia Don, Atiq Ahmed and his brother Ashraf, shown live on Television, while they were being escorted by the police for a medical check-up, has raised a big question mark over both the functionality of our criminal justice system, as well as the ability of the Uttar Pradesh government to uphold the rule of law.
There is no doubt that Atiq was a known criminal who had unleashed a reign of terror for the past four decades or more, but the manner in which he was gunned down by three assailants, one of them a Bajrang Dal activist, amidst chants of Jai Shri Ram, is disgraceful and reflects how all norms have been infringed. By adding a religious and communal flavour to the gruesome act, the assassins have needlessly introduced dimensions which could have wide ranging ramifications for the overall law and order in the country. Lord Rama is a revered God for all Hindus and by invoking his name after the brutal action is unacceptable and disgraceful. Imagine when Mahatma Gandhi was killed from point blank range by Nathu Ram Godse, his last words were “Hey Ram’’. He remembered the Lord in his dying moment. Here, a group of three, shot dead two persons and shouted “Jai Shri Ram’’ to celebrate the unpardonable act in full view of the Uttar Pradesh police. All those who have seen the shooting live or on video clips, must be also wondering how the assassins got anywhere near the victims, despite a so-called heavy deployment of security forces? If they were posing as journalists which they were not, why were their identity cards not checked? The entire shotting also gave an impression, rightly or wrongly, that the police seemed aware of this ghastly plot since no attempt was made by any of the cops to shoot at the suspects. Secondly, the shooters themselves were at a relative ease and after shouting their slogans, surrendered meekly to the police officers, who took them into custody without any resistance. The hurry with which they were whisked away also showed that the police took the precautions to ensure the safety of the shooters.
Social media sites went viral after the killing and some BJP supporters also put out uncharitable tweets stating that “they went for a medical test and returned after post-mortem. Atiq is now Ateet (past)’’. Such a killing when the cameras were rolling is virtually unheard of in India. Yes, wayback in 1963 when Lee Harvey Oswald, the alleged assassin of U.S.President, John Kennedy was being escorted by the police, he was gunned down by a Night Club owner, Jack Ruby. The incident was shown live on American TV. However, so far as Atiq’s slaying is concerned, the Opposition was quick on its feet and has demanded that the Supreme Court should suo-moto take cognizance of the encounter killings in Uttar Pradesh in general and this massacre in particular. On its part, the Yogi Adityanath government is making all the noises to demonstrate, that a quick follow up action on this incident was being taken and a judicial team would probe the killing. One wonders why a Commission of Inquiry under the Commissions of Inquiry Act, has not been constituted so far to ascertain the details. In addition why have reports of Magistrates who under the Cr.PC are dutybound to conduct inquests into the 80 odd encounter killings, not been called for by the Apex Court. A curious aspect of the cold-blooded murder is that why were Atiq and Ashraf taken to hospital for a medical check-up after 10 p.m.? Are there no rules governing the timings? And how is it that the media was aware of the medical check-up and waited at the hospital in Prayagraj for them to arrive? This was indeed unusual. There have been custodial killings earlier also and for instance in Mumbai, there was a time when sharpshooters of rival gangs would bring down suspects while being produced in a court. This has happened a few times in Delhi as well. However, in Uttar Pradesh, encounters, which are illegal as per provisions of the existing law, are not only common but used frequently to rid the society of people considered dangerous by the police, even though the judiciary is still assessing their criminality.
In one manner, the judiciary is also to be blamed since cases linger on for years in courts and thus justice is not only delayed but also denied to the families of the victims . However, this does not justify the act of encounter killings which find no mention in legal books except when applied to intruders or terrorists (aliens or those working at the behest of an enemy) who threaten the security of the country by their actions. Trinamool Congress Lok Sabha MP, Mahua Moitra has alleged that Atiq was eliminated to divert attention from the revelations made by former Jammu and Kashmir Governor Satyapal Mailk regarding the Pulwama incident. Former Chief Minister Mayawati has stated that Uttar Pradesh had become Encounter Pradesh. There have been others who have demanded the dismissal of the Yogi Adityanath government while many want the Apex Court to intervene and issue necessary directions to the Uttar Pradesh administration. Assaduddin Owaisi, MP from Hyderabad has claimed that Atiq and his brother and before them, his son and another person, were targeted because they belonged to a particular faith. This is an impression which needs to be erased at the earliest before it ignites communal passions which could impact the country. Politics is fine but it should not transgress the limits of the rule of law.
The encounter killings also raise questions regarding the functioning of the National Human Rights Commission and was it not time to scrap it altogether, because of its non-serious approach towards major incidents. The Prime Minister and Home Minister must speak on the matter and clear the air besides assuring the citizens that they were safe in this country.