The petitioner has raised questions on the justification of the encounters as cited by the state police.

Encounter Killings By UP Police: “The Uttar Pradesh government has not given complete details of the 183 encounter killings in the state,” one of the petitioners told the Supreme Court adding that such a response by the state government raises doubts over these incidents. The petitioner, advocate Vishal Tiwari, has filed a rejoinder affidavit in the Supreme Court which states that the Uttar Pradesh government has deliberately not given any Status Report or reply to the 183 encounter killings. Vishal Tiwari also raised questions on the justification of the encounters as cited by the state police.

Many Encounters Might Have Been Fake

“Many of these encounters might have been fake and no proper compliance of the Guidelines laid down by this Supreme Court have been made. This conduct of the Respondent by not disclosing the entire facts to these incidents does not inspire confidence and raises question mark upon the State’s functioning fairly and impartially,” said Vishal Tiwari.

Raising questions on the police story of self-defence, Tiwari mentioned that the SC in Extra Judicial Execution Victim Families Association (EEVFAM) and Ors. Vs. Union of India (UOI) matter has succinctly stated that the right of self-defence or private defence falls in one basket and the use of excessive force or retaliatory force falls in another basket.

Victim Of Aggression Has A Right Of Private Defence

“Therefore, while a victim of aggression has a right of private defence or self-defence (recognized by Sections 96 to 106 of the Indian Penal Code) if that victim exceeds the right of private defence or self-defence by using excessive force or retaliatory measures, he then becomes an aggressor and commits a punishable offence,” argued Tiwari adding that the encounter killings are seen as a major achievement by the state officials which further encourage such arbitrary and unconstitutional killings.

Out-Of-Turn Promotions, Gallantry Awards To Officers Involved In Encounters

“This is also evident from the out-of-turn promotions granted to those officers who were involved in such killings. These officers are also bestowed with gallantry awards against the guidelines of the apex court. It is also important to note that under-trials are not criminals until they are convicted and the charges on them are proved. Perhaps the state has forgotten the difference since most of the victims were those who were under-trial. The state also claims that law and order is in check, however this is being seen as a cover to other unjustified activities of the state,” he submitted.

The Supreme Court had earlier asked the Uttar Pradesh government to file an affidavit mentioning the stage of investigation and status of cases relating to 183 alleged encounters that took place since 2017 and also questioned the incident of Atiq Ahmed’s killing as he was escorted by about 10 people and said that how can someone just come and shoot.

In reply, the UP government told the court that they had filed a chargesheet in the matter. The court was hearing a petition concerning over encounter in Uttar Pradesh.

Killing Of Atiq Ahmed And Ashraf Ahmed

One of the petitions filed by advocate Vishal Tiwari seeks to constitute an Independent Expert Committee under the Chairmanship of a Former Supreme Court judge to investigate the killing of Atiq Ahmed and Ashraf Ahmed amid police presence. Another petitioner has been filed by the sister of Atiq Ahmed and Ashraf Ahmed who were shot dead while being in police custody in Uttar Pradesh on April 15.