New Delhi: The shocking double-murder of former Lok Sabha member of parliament Atiq Ahmad and his brother Ashraf Ahmad on live television in April last year in Prayagraj was not a “pre-planned conspiracy” carried out by police officers and officials of the Uttar Pradesh government, a state-appointed judicial commission has concluded.
The probe commission led by retired Allahabad high court Chief Justice Dilip Babasaheb Bhonsle said that it did not find any “connection,” “clues”, “material” or “circumstance” to show that the police system or government was involved or in collusion with the assailants. The commission report, a copy of which is with The Wire, was tabled in the UP Assembly on August 1.
The commission concluded that the double murder of the two Muslim politicians was a sudden incident and could not have been prevented. It was not a “pre-planned act carried out on the directions” of the state officials and police officers or due to “negligence,” the commission said.
Atiq and his brother Ashraf were shot dead by three assailants, masquerading as journalists, outside a hospital while they were being escorted by a large team of policemen for a routine medical check-up on April 15. That the usually trigger-happy state police did not retaliate in self-defence at the assailants despite being in direct line of fire for at least nine seconds, had raised several questions about the incident.
However, the probe commission has said that it found the reaction of the police personnel who were present during the incident to be “normal”. The policemen did not have the time for a specific response to try and save Atiq and his brother or arrest the assailants before they surrendered or shoot them dead before they could carry out the murders. The entire incident lasted only a few seconds, the commission said in its report.
Atiq Ahmed and Ashraf speak to reporters moments before they were shot dead. Photo: Video screengrab
The police made a “good call” by not firing at the assailants, given the sequence of events which ended in them dropping their weapons and surrendering with their hands raised, said the Commission report.
The Commission also defended the conduct of the police, saying that there was “no inaction from their end” and that their reaction was “not unnatural”. The police were left “astounded” and were “out-witted” by the quick and sudden action of the assailants, who took full advantage of the trust entrusted by Atiq and Ahmed in journalists, noted the Commission.
The commission also included retired judge and former CJ of the Jharkhand high court Virender Singh, former Allahabad high court judge Justice (retd) Arvind Kumar Tripathi–II, retired IPS officer and former DG, UP police Subesh Kumar Singh and retired district judge Brijesh Kumar Soni. The Commission recorded statements of 87 witnesses.
Atiq and Ashraf were accused in the conspiracy of the murder of Umesh Pal, the prime witness in the murder of Bahujan Samaj Party MLA Raju Pal almost two decades back. The brothers were also accused in the MLA’s murder case. Pal had defeated Ashraf in a by-poll election in Allahabad after his brother, the sitting MLA Atiq, decided to contest the Lok Sabha election and won from the Phulpur constituency in 2004 as a Samajwadi Party candidate.
The investigating officer in the Umesh Pal murder case had sought a warrant against the brothers for production in Prayagraj regarding the case. A local court on March 23 issued the warrant (B warrant). Atiq was brought to Prayagraj from Sabarmati Jail in Gujarat while his brother was brought from Bareilly jail on April 12. They were both lodged in Naini Central Jail, Prayagraj.
On April 15, a police team escorted the brothers to the Motilal Nehru Divisional Hospital for a medical check-up at 10:35 pm. A large number of media persons followed the police team and also camped at the hospital to cover the event. Atiq and Ashraf, bound together with a single handcuff, were escorted into the hospital premises through a security cordon but as soon as the police took a few steps into the premises, a crowd of media persons broke through the security cordon and tried to record sound bites of the brothers. They stopped and started responding to the media’s questions. But barely had they said a few words two among the media persons dropped their cameras and microphones and lashed out sophisticated semi-automatic pistols and started firing at Atiq and Ashraf. A third person, their associate, also joined in the firing. Atiq and Ashraf collapsed on the spot. The three assailants, later identified as Sunny Singh alias Purane Singh alias Mohit, Lavlesh Tiwari, and Arun Kumar Maurya, dropped their weapons and surrendered immediately.
A 9mm Girsan pistol made in Turkey, a 9 mm Zigana pistol, also made in Turkey, and a 7.62 country-made pistol were recovered from the three assailants.
The judicial commission has concluded that it could not be dismissed that their motive behind the murders was to garner fame, as they told police during the investigation. The Commission also said that the police took all measures of safety and precaution during the remand of the two brothers, giving them 21 security guards during their remand, much more than the allotted number.
It dismissed the possibility of the policemen scripting a “conspiracy” for a shootout to murder Atiq and Ashraf in front of such heavy media presence at the hospital. It was “impossible,” given the circumstances, the Commission noted.
The inquiry Commission criticised the role of the media in the incident. It described it as unsatisfactory and called for regulation of media activity during such sensitive events.
