41 People Killed in Police Custody in Uttar Pradesh in the Last Five Years: Ministry of Home Affairs

Lucknow, 16th April 2023: Mafia leader Atiq Ahmed and his brother Ashraf were shot dead in Prayagraj on Saturday, the 15th of April. The incident took place when Atiq and Ashraf were being taken for a medical checkup. At the time of the shooting, the police and media were present.

Three suspects have been arrested in connection with the murder. 

Although the suspects have been apprehended, the murder of Atiq Ahmed and Ashraf has once again raised questions about the Uttar Pradesh (UP) police and law and order. There have been several cases of murder in police custody in UP in the past, and the opposition has criticized the Yogi government for its handling of such cases.

1,888 people have died in police custody in the past 20 years

According to a report by the National Crime Records Bureau (NCRB), which is under the Ministry of Home Affairs, 1,888 people have died in police custody in India in the last 20 years. Official figures show that 893 cases were registered against policemen, and charge sheets were filed against 358 people in these cases. However, only 26 policemen were punished.

41 people have died in police custody in Uttar Pradesh in the last five years

During a case in 1996, the Supreme Court ordered that killing a human being in police custody is a heinous crime. Despite this, 41 people have been killed in police custody in Uttar Pradesh from 2017 to 2022. 

According to the information given by the Ministry of Home Affairs in the Lok Sabha, ten people died in 2017, twelve people died in 2018, three in 2019, eight in 2020, and eight in 2021.

Five major cases of murder during police custody in UP

Rafiq massacre: The deaths of Atiq Ahmed and Ashraf on Saturday evening have brought back memories of the Rafiq massacre that took place in the state about seventeen years ago. Rafiq, the mastermind of the infamous D-2 gang, was also murdered in police custody. He was arrested in Kolkata in connection with the murder of STF constable Dharmendra Singh Chauhan and brought to Juhi yard for the recovery of an AK-47. While he was being taken there, Rafiq was shot and killed in police custody.

Murder of Rajesh Tonta: There have been two incidents of murder during police custody in Mathura. The first incident occurred on January 17, 2015, when Rajesh Tonta, who was notorious for the murder of Brajesh Mavi, was in Mathura jail. A gang war broke out between Tonta and the Mavi gang in the jail. There was firing in the jail, and prisoner Akshay Solanki died. Later that day, Tonta was being taken to Agra for treatment when he was gunned down.

Mohit’s murder: In 2012, Mohit, who was imprisoned for the murder of an SP leader, was murdered in police custody while being taken for a hearing. The charge of the murder was leveled against the shooter Harendra Rana and his associates.

Murder of Shravan Sahu in Lucknow: Shravan Sahu, a father who was fighting for justice for his son in Saadatganj, Lucknow, was murdered under police protection. Sahu was at home when he was attacked, and the policemen providing security outside his house failed to protect him. Some bike-riding miscreants came to Sahu and opened fire, killing him on the spot. 

Death of Altaf: On November 9, 2021, a 20-year-old youth named Altaf died in the custody of the Kotwali police. The police claimed that Altaf had committed suicide by hanging himself with the rope of his jacket on the pipe of the tank in the toilet of the lockup, but his family accused the police of murder.

Legal process after a murder in police custody: If an undertrial prisoner is killed in police custody, the concerned officials can be prosecuted under sections 302, 304, 304A, and 306 of the IPC. In addition, negligent officers can be punished with dismissal or suspension under Section 7 and 29 of the Police Act, 1861. Section 302 deals with murder, while 304 deals with culpable homicide. 304A deals with causing death by negligence, and 306 deals with abetment to suicide.

When and where was Atiq Ahmed murdered: Atiq Ahmed and his brother Ashraf were being taken to Convin Hospital for medical examination after interrogation by the Uttar Pradesh Police. The hospital was about 3 km from the Allahabad High Court, and the residence of Prayagraj SSP was only 6 km away from the place where the bullet was fired. Atiq and Ashraf were in handcuffs and were surrounded by journalists when the attackers started firing. The attackers fired nine rounds continuously, and both Atiq and Ashraf died before the police could catch them. The attackers had posed as media persons.

Atiq had expressed concern about his safety: Four days before his murder, on April 11, Atiq had expressed concern about his safety. Atiq and Ahmed were being taken to Gujarat’s Sabarmati Jail in UP, and their appearance was to be held in the Prayagraj court. When the UP police van broke down near Bichiwada police station in Dungarpur district of Rajasthan, Atiq was kept in the police station for some time. During this time, Atiq Ahmed had to stay in the police station for about two and a half hours, and he repeatedly expressed concern about his safety. Despite this, precautions were not taken.

Appealed to Yogi government: Before leaving Bichiwada police station, Atiq Ahmed had also met Chief Minister Yogi Adityanath and requested him not to harass the women and children of his family.

Section 144 imposed in all districts of Uttar Pradesh after Atiq’s murder: Section 144 has been implemented in all the districts of UP after the murder of Mafia Atiq and his brother Ashraf Ahmed. In order not to increase any kind of tension in Prayagraj, the administration has stopped the internet, and there have also been reports of stone pelting at some places.

What did the opposition say on the incident:

1. SP President and former Chief Minister Akhilesh Yadav: Akhilesh fiercely targeted the BJP government after this incident. In a tweet, he said, ‘Crime has reached its peak in UP, and the morale of the criminals is high. When someone can be killed by openly firing amidst the security cordon of the police, then what about the safety of the general public. Due to this, an atmosphere of fear is being created among the public, it seems that some people are deliberately creating such an environment.’
2. Bahujan Samaj Party MP Kunwar Danish Ali claimed that UP is the culmination of Jungle Raj. He tweeted, “This cannot happen without a signal from above. In any other democracy, the state government would have been dismissed for such a heinous crime against the rule of law.”
3. Rashtriya Lok Dal (RLD) President and MP Jayant Chaudhary tweeted, “Is this possible in a democracy?” No one sympathizes with Atiq as the culprit should be punished. But whoever saw this video will question whether we are a democracy. Every criminal has the right to present their case in court, and they are convicted there. However, you can see that he was killed in front of everyone while in police custody.