The fall of Atiq Ahmed, the mafia don, was as sudden as his meteoric rise in the world of crime. The dreaded gangster, lording over large swathes of Eastern Uttar Pradesh, was felled by a hail of bullets at the doorstep of the hospital, while being escorted by the police. The opposition cried foul citing collapse of law and order while some ruling party members called it divine justice. In the crossfire of charges and counter charges, the ominous message behind the murder was lost.
Gunning down of Atiq in police custody, under the full glare of the media and public is a fatal police error. Worse still, is the jubilation by some over his fall – a scathing indictment of our entire system. Those who believe in democracy or rule of law will sit up and think: Can we ever envisage a ruling dispensation not promoting one Atiq or the other and can we build a criminal justice system capable enough to take care of Atiqs without adopting short cut methods or encounters.
The guidelines flouted
Atiq had expressed fears over his life to the court and UP police itself had announced a threat to Atiq convoy. Then why was his protection left in the hands of such unprofessionals? Protection of a dreaded gangster in police custody necessitates rigorous drills due to the high level of threat he faces from rivals and victims seeking justice. Officers well versed in personal protection techniques should have been assigned to him. They would have exercised access control and not allowed freewheeling interviews with the press in an uncontrolled environment.
Protection guidelines for ‘very threatened’ persons are well laid out. The team should be wearing bullet proof vests, forming a protective ring around, weapons in readiness and on the constant lookout to ensure no breach of access control. What was visible in plain sight was a caricature of security with the assassins coming up close enough to shoot him at point blank range and the pulverised posse of policemen, sans arms, trying to grab them from the back. In any case, they surrendered after firing nearly 20 rounds with impunity.
Besides, the police were well aware of the security implications of ferrying Atiq daily for medical checkup and could have informed the court of the danger there in and emphasised on the need to do his medical checkup at the place of incarceration itself.
Conspiracy theories have started doing the rounds looking at the modus operandi of killing, which displays clear knowledge, planning and skill on the part of criminals who were chanting Jai Shri Ram slogans while pumping bullets into the victims. How would these three youngsters, one history sheeter another barely 18, possess such weapons, acquire press card/cameras and operate with such confidence without coordination and outside support. Was chanting Jai Shri Ram and averring to police their desire to become famous gangsters an attempt to mislead the police and divert them from exploring the outside support angle.
Why was police remand not taken to unravel the mystery? There is still time after new facts come to light when they can be cross questioned on a number of issues. Police remand would have given a wealth of information on the motive and the planning and coordination behind the killing. Announcement of a judicial commission to probe into the entire series of events is, therefore, a welcome step by the chief minister. There are too many questions which need a detailed probe.
Who benefits from the killing of Atiq?
Some will seek political advantage with urban local bodies elections coming up in May. Others will use the same to launch a tirade against the government, citing failure of law and order. Few upcoming dons will be eyeing to inherit the vast extortion empire of Atiq. And the badlands of UP and other parts of the country will keep throwing up criminals and misguided youths aspiring to become dons.
UP was going on the right track. It was after an inordinate delay that prosecution against Atiq was achieving success. A benevolent regime had withdrawn cases against the dreaded gangster whose name caused palpable fear even amongst the high court judges. Recusal by some to hear Atiq’s cases should actually be looked into by the Supreme Court.
Case hearings could have been done by video conferencing without getting the accused from Sabarmati. Technology is meant to facilitate and mend archaic procedures. Atiq had already been convicted in one case. Another conviction would have brought laurels to the UP police.
Will our law makers finally look at our broken criminal justice system, awaiting urgent reform for the larger good? Will celebration of encounters by the public arouse serious introspection by the polity? These are critical issues requiring serious deliberations. One of the strongest pillars of democracy is a robust criminal justice system. 75 years after Independence, this is a dire need for a nation seeking Vishwa Guru status in the comity of nations.
The writer is Chairman, Deepstrat, former Central Information Commissioner and a retired IPS officer who has served as Secretary, Security, and Special Director, Intelligence Bureau. Views are personal.
(Edited by Anurag Chaubey)