Introduction
India is a sovereign, socialist, secular, democratic, and republic country. India is a sovereign nation, which means that it has supreme authority over its territory and is free from external control. India is also a socialist country, which means that the government is responsible for ensuring social welfare and equality among its citizens. India is a secular country, meaning the state does not promote or support any religion. All religions are treated equally under the law, and citizens have the freedom to practice and propagate their religion. This is the definition given to India by our constitution now coming to reality is this definition even 50 percent practical, elections are held on the basis of religion and then the same party talks about the secular state after gaining their vote banks from such practice. Socialist pattern of society based on the principles of equality and social justice, it was quite visible how social justice is prevailing to be very specifically talking about Atique Ahmed he is not only one many more like Vikas Dubey both of them got shot before the justice could have prevailed, India being the largest democratic country in the world and it is very astonishing to see such crucial act done in this country.
Who is Atique Ahmed?
Atiq Ahmed, a politician and former Member of Parliament (MP). He was born in Allahabad, Uttar Pradesh, on December 5, 1962. In 1993, he was elected as a Member of the Legislative Assembly (MLA) from the Allahabad West constituency. He began his political career with the Samajwadi Party (SP). In 2004, Atiq Ahmed was elected as a Member of Parliament (MP) from the Phulpur constituency in Uttar Pradesh. During his tenure as an MP, he faced several criminal charges, including murder, attempt to murder, and extortion. He was also accused of kidnapping and assaulting a government official in 1998. He is claimed to have originally entered the criminal underworld in 1979 after being charged with murder. He currently faces more than 70 criminal charges.[1] Most recently, a case was opened at the Prayagraj Dhoomanganj police station in relation to Umesh Pal’s death, who was a crucial witness in the 2005 murder trial of Bahujan Samaj Party MLA Raju Pal. He served as the leader of the Sone Lal Patel-founded Apna Dal. Ahmed joined the Samajwadi Party and won his fourth straight term in 1996 after successfully defending his seat in the next two independent legislative Assembly elections. Three years later, in 2002, he defeated Apna Dal to win his seat once more, According to police records, he is the first individual to have been charged under the “Gangster Act” in Uttar Pradesh, according to a 2013 IANS article.
Raju pal case
Raju Pal’s murder served as Ahmed’s downfall. Ahmed won the Allahabad West constituency for the sixth time in 2002, however, he was forced to resign from his position since he ran for the Lok Sabha in 2004 from Phulpur on the Samajwadi Party ticket. He forced his brother Ashraf to run in the by-election because he wanted to maintain control over his assembly district. But Raju Pal, a BSP candidate, defeated Ashraf. Raju Pal was murdered shortly after. Ashraf defeated the other candidates to take the vacant seat once more. Umesh Pal, a zila parishad member who was a key witness in the Raju Pal murder case, was kidnapped by Ahmed in 2006 and forced to testify in Ahmed’s favor in court. Ahmed turned himself in for the Raju Pal murder case in 2008 and was released on bail in 2012. He also unsuccessfully ran for office from behind bars in a number of elections. He filed his papers from the Varanasi Lok Sabha Constituency in 2019 to run against Prime Minister Narendra Modi, however he later dropped out of the race after being denied parole. Even so, he received several hundred votes. Umesh Pal, the Raju Pal case witness, and his two police bodyguards were shot dead in Prayagraj in February of this year. One of the suspects in the murder of Umesh Pal was Atiqs son Asad Ahmed, who was shot dead in a police encounter.[2] The arguments presented by the police officials are “At 12.45 p.m., two squads intercepted Asad, 19, and Ghulam Hasan, his 40-year-old accomplice, on the Kanpur-Jhansi route. Both were wanted for the murder of Umesh Pal, a lawyer who was a key witness in a sensational 2005 murder and was killed down together with two police guards outside his Prayagraj home on February 24.”[3], as the accused were absconding the police they were shot dead like the case of Vikas Dubey was killed in an encounter in 2020 after a police van transporting him from Ujjain to Kanpur collided and he allegedly attempted to flee the scene in the Bhauti area.[4]
Legal issues against Atique Ahmed
- He was the first person in Uttar Pradesh to be charged under the Gangster Act.
- Gangster Act of Uttar Pradesh
The Uttar Pradesh Gangsters Act is a law adopted by the Uttar Pradesh government in 1986 to combat organised crime and gang-related activities in the state. The Uttar Pradesh Control of Goondas Act is the entire name of the law, however it is more generally known as the Gangsters Act. The Gangsters Act empowers the state government to detain and seize the property of anyone suspected of being involved in organised crime. A “goonda” or gangster is defined by the law as someone who is a member of a gang or has a history of committing criminal offences. The Act establishes special courts to hear matters involving organised crime and gang violence. Some human rights organisations have criticised the bill for its broad definition of a goonda and its potential for abuse by authorities. Critics claim that the law can be used to detain people without enough evidence or a fair trial, and that it can be used to target those who are not involved in organised crime.
Despite these concerns, the Gangsters Act is still in effect in Uttar Pradesh, and the state government has utilised it in recent years to jail and prosecute persons suspected of being involved in organised crime and gang violence.[5]
- When his main adversary, Shaukat Ilahi, was killed in a police encounter in 1989, Atiq had no opposition in the Allahabad region. Various reports have the number of criminal cases filed against Atiq anywhere between 90 and 109. However, in his affidavit for the 2014 Lok Sabha elections, he stated that he had no pending criminal proceedings against him. In Uttar Pradesh, stories about Atiq Ahmed’s criminal actions ranged from extortion to abduction and murder. His criminal record pulled him and his family out of poverty and elevated him to the ranks of Uttar Pradesh’s powerful.
- Extortion
Extortion is the illegal use of actual or threatened force, violence, or intimidation to obtain money or property from another person or entity. It frequently involves danger to the victim’s person or property, as well as to their family or friends, but it can also encompass reputational harm or negative government action. The crime of extorting money from someone through force or threats, according to the Britannica Dictionary. According to the Macmillan Dictionary, it is a felony in which someone obtains money or information from another person by using force or threats. Extortion is defined in Section 383 of the IPC as “anyone who intentionally puts any person in fear of any injury to that person or any other, and thereby dishonestly induces the person so put in fear to deliver to any person any property, or valuable security, or anything signed or sealed which may be converted into a valuable security.”
Essentials
- Intentionally putting a person in fear of injury to himself or to another person.
- Dishonestly inducing the person so put in fear to deliver to any person any property or valuable security.[6]
- Abduction
Abduction is defined in Section 362 of the Indian Penal Code. It states that whenever a person forces another person to go somewhere or urges someone to go somewhere, the offence of abduction is committed. Thus, abduction is a crime in which a person is taken from one location to another against his or her will using coercion or deception. This section simply defines the term “abduction” as it appears in certain of the following penal statutes. The Code makes no mention of abduction, however, it does make mention of abduction with specified intent. It is necessary to use force or deception.
Ingredients-
- forced compulsion or persuasion through deception.
- The purpose of such coercion or incentive must be the departure of a person from any location.[7]
- Murder
According to section 302 of the Indian penal code, anyone who kills another person faces death or life imprisonment, as well as a fine. The court punishes the killer with either the death penalty or life imprisonment Section 302 of the Indian Penal Code is significant in several respects. Only those accused of murder are prosecuted under this clause. Furthermore, if a murder suspect is proven guilty of an infraction, Section 302 allows for punishment for such perpetrators. It specifies that anyone commits murder will face life imprisonment or execution (depending on the nature of the crime) as well as a fine. In cases involving murder, the Court’s fundamental concern is the accused’s intent and purpose. As a result, in proceedings under this clause, it is critical that the accused’s goal and intention be proven.
Murder requires the following materials:
- Intention: Death must be the goal.
- Cause of Death: The act must be performed with the awareness that it may result in the death of another.
- Body injury: There must be intent to cause bodily harm that is likely to result in death.[8]
Questions raised against the encounter
- Yadav claimed that the BJP government is diverting attention away from pressing concerns by staging encounters. “BJP does not respect the judiciary. Both current and recent contacts should be thoroughly investigated, and defaulters should not be spared. The government has no right to make moral judgments. BJP opposes fraternity[9].
- It should be mentioned that the Ahmad brothers were fatally shot on Saturday night at around 10:00 pm in front of the police and the media which shows what democracy really mean to us and how secure we are in India where a person can shoot another person without any fear in front of media and police officers?
- The right to life is a fundamental human right that is recognized by India under Article 21 of the constitution and it is also said not even at the time of emergency this could be revoked how could this be justice?
- The due procedures of justice is not being followed, it is not that we are supporting the mafias or playing a religious role its just that we are against violence peace should be maintained at every level which is being violated.
- Many parties are supporting the encounter even the public, so let me ask you why the government pays so much money to judges, and officers why there are lawyers, courtrooms, and CBI just for namesake, and at the end the police will take the authority?[10]
Conclusion
It is never acceptable for anyone to resort to violence or engage in criminal activities, regardless of the circumstances. Encounters with mafia members can be dangerous and life-threatening, and it is important to prioritize personal safety and seek help from law enforcement authorities if necessary. It is crucial for society to reject and condemn criminal organizations such as the mafia, and work towards creating a safer and more just community for all. It should be kept in mind that we live in a country where democracy prevails and such a heinous act is against our constitution there should be due process of law that should be followed diligently and then convicting the person after which we can call it justice. As Mahatma Gandhi said “The true measure of any society can be found in how it treats its most vulnerable members.”
Author – Kashif humzah
Jamia Millia Islamia
[1] Outlook Web Desk, Who Is Atiq Ahmed: Uttar Pradesh’s First “Gangster,” https://www.outlookindia.com/ (2023), https://www.outlookindia.com/national/who-is-atiq-ahmed-uttar-pradesh-s-first-gangster–news-278074 (last visited Apr 18, 2023).
[2] ET Online, Asad encounter: Atique Ahmed, the don in the dust, The Economic Times (2023), https://economictimes.indiatimes.com/news/india/asad-encounter-atique-ahmed-the-don-in-the-dust/articleshow/99469622.cms (last visited Apr 18, 2023).
[3] HT Correspondent, Atiq Ahmad’s son, aide killed in UP encounter, Hindustan Times (2023), https://www.hindustantimes.com/india-news/up-police-shoots-dead-gangster-s-son-wanted-in-high-profile-murder-case-sparks-political-controversy-101681407451368.html (last visited Apr 20, 2023).
[4] Outlook Web Desk, From Asad Ahmed To Vikas Dubey: A Look At India’s Most Controversial Encounter Killings, https://www.outlookindia.com/ (2023), police-encounter-a-look-at-India-s-most-controversial-encounter-killings-news-278811 (last visited Apr 20, 2023).
[5] Diva Rai, The Uttar Pradesh Gangsters and Anti-Social Activities (Prevention) Act and other similar laws – iPleaders, iPleaders (2021), https://blog.ipleaders.in/the-uttar-pradesh-gangsters-and-anti-social-activities-prevention-act-and-other-similar-laws/ (last visited Apr 20, 2023).
[6] Extortion: Need to Know, Legalserviceindia.com (2021), https://legalserviceindia.com/legal/article-8539-extortion-need-to-know.html (last visited Apr 20, 2023).
[7] Kidnapping And Abduction Under Indian Penal Code, Legalserviceindia.com (2021), https://legalserviceindia.com/legal/article-7871-kidnapping-and-abduction-under-indian-penal-code.html (last visited Apr 20, 2023).
[8]Murder (Section 302) Under IPC, Legalserviceindia.com (2015), https://legalserviceindia.com/legal/article-7177-murder-section-302-under-ipc.html#:~:text=According%20to%20section%20302%20of,as%20well%20as%20with%20fine.&text=It%20is%20a%20non%2Dbailable,by%20the%20Court%20of%20Session. (last visited Apr 20, 2023).
[9] Vatsala Gaur, SP says it’s fake encounter, BJP hits back with appeasement charge, The Economic Times (2023), https://economictimes.indiatimes.com/news/politics-and-nation/sp-says-its-fake-encounter-bjp-hits-back-with-appeasement-charge/articleshow/99474219.cms (last visited Apr 18, 2023).
[10] Tarun Kohli, Atique Ahmed Murder: Asaduddin Owaisi raised questions on Asad’s encounter, jagrantv (2023), https://www.jagrantv.com/en-show/atique-ahmed-murder-asaduddin-owaisi-raised-questions-on-asad-s-encounter-rc1040992 (last visited Apr 20, 2023).