SC issues notice to UP government on plea related to alleged extra-judicial killings

New Delhi [India], October 10 : The Supreme Court on Monday issued notice to the Uttar Pradesh Government on a plea seeking to appoint a central agency or a counter-terrorist agency to investigate the issues relating to the extra-judicial killings in the state.
A bench of Chief Justice of India UU Lalit and Justice S Ravindra Bhat asked the UP Government to file a status report on the plea filed by advocate Anoop Prakash Awasthi.
Advocate Anoop Prakash Awasthi, who was appearing as petitioner-in-person apprised the court about an incident related to the Chitrakoot killings.
In his plea, advocate Awasthi sought for appointing a Central Agency like the Central Bureau of Investigation (CBI) or a Counter Terrorist agency like the National Investigation Agency (NIA) under the supervision of the top court to investigate the issues relating to the killings of three under trial jail inmates happened in the Chitrakoot jail, in Uttar Pradesh's Chitrakoot district on July 14, 2021.
He also sought to fix accountability and take appropriate action against whosoever may be found responsible.
The petition also sought the appointment of a Central Agency like the Central Bureau of Investigation (CBI) or a Counter Terrorist agency like the National Investigation Agency (NIA) under the supervision of the top Court to investigate all the extra-judicial killings that have taken place after March 18, 2017, in the state of Uttar Pradesh till date.
The petition asked to seek investigation with special terms of reference as to how many of such extra-judicial killings were done under the direct orders of the Chief Minister of Uttar Pradesh Yogi Adityanath and take appropriate action if so found any culpability.
"In a mature, civilized, democratic, rule of law based county like India, history of violence should be remembered, not repeated but in the State of Uttar Pradesh, a battle of Agincourt is being fought in its jails were the police, ('an organized band of criminals' as Hon'ble Justice A. N. Mulla said a half-century ago) the under the direct orders of the top of the administration is summerly executing the prisoners on frivolous excuses like snatching of pistol or firing by the dead, defying conscience, constitution, fundamental rights, human rights and this culture of violence promoted in the state of UP militates against the basic notion of very rule of law where violence has become a collective enterprise to portray the authority of government and obscure its failures," the petition said.
"The biggest worry qua the extra-judicial killings if gone unchecked is that the life of any citizen can be taken anytime by the state agencies. Any enmity or private dispute or quest of settling private score may lead to the filing of a few criminal cases in some police station against the undesired person, branding him a dreaded criminal within days, to be taken into custody as under trial, and fellow may be eliminated by being shot anytime anywhere by the police/law enforcement authorities on any false pretext like an attempt of snatching a rifle or pistol of fellow police personnel during transportation or even inside the jail," the petition further said.
The petitioner said that this Public Interest Litigation is being moved for seeking an independent inquiry under the aegis of this Court through the agency of the best serving officer of CBI or NIA into the latest killings that happened in the Chitrakoot Jail of Uttar Pradesh.
The petitioner submitted subject incident of killing in jail or encounters is not the only stray incident and highlighted various incidents like Munna Bajrangi was shot dead in almost similar dramatic manner inside the Bagpat Jail of Uttar Pradesh and the Vikas Dubey encounter.
"There have been several hundred encounters with hundreds of killing in the state of Uttar Pradesh since 2017 till date which is not only alarming but equally disturbing," the petition said.