Petitioner informs Supreme Court about police promotions and awards for celebrating encounter killings in Uttar Pradesh.

PIL petitioner refutes Uttar Pradesh government’s statements on police encounter killings

The petitioner who filed a PIL seeking independent investigation into police encounter killings in Uttar Pradesh has refuted the statements made by the State in its status report.

Advocate Vishal Tiwari questions the State’s stand on police encounters

Advocate Vishal Tiwari, the petitioner, has questioned the State’s claim that police encounters were legitimate exercises in self-defence. He argues that the police, as a powerful force, should not resort to excessive or retaliatory force, especially against weaker parties.

State accused of misleading the court

Tiwari asserts that the State failed to disclose crucial facts accurately and intentionally misled the Court. He claims that the State’s report only pertains to seven incidents, while his petition referred to 183 encounter incidents, indicating non-compliance with the court order.

UN expresses concern over encounter killings in Uttar Pradesh

Tiwari highlights the United Nations Human Rights Commission’s alarm over encounter killings in Uttar Pradesh in January 2019. He argues that this further emphasizes the need for an independent investigation into the matter.

Chauhan Commission report misinterpreted

Tiwari alleges that the State misinterpreted the Chauhan Commission report, which supposedly gave a clean chit to the police in the Kanpur/Bikru encounter killings of 2020. He points out that the report was prepared without any rebuttal against the police version.

Concerns about Atiq Ahmed killing

Tiwari raises concerns about the death of Atiq Ahmed and the lack of safety measures taken by the state to protect his brother, Ashraf. He also questions the independence of the Special Investigation Team conducting the investigation.

Family members denied the right to register an FIR

Tiwari alleges that family members are not allowed to register an FIR against the police officials involved in the killings, demanding an inquiry into the matter.

Supreme Court’s stance on encounter killings

Tiwari quotes the Supreme Court’s position in the Om Prakash case, stating that encounter killings are unjustified and amount to “state-sponsored terrorism.”

Upcoming hearing

A bench led by Justice S Ravindra Bhat is set to hear the matter tomorrow. Along with Tiwari’s PIL, the bench is also hearing a petition filed by Atiq Ahmed’s sister Aisha Noori for a court-monitored probe into the killings of her brothers in April 2023.

Case details

Case title: Vishal Tiwari v. Union of India | Aisha Noori v. Union of India

Citation: W.P. Crl. 177/2023 | W.P. Crl. 280/2023