Zainab Fatima, the wife of Ashraf Ahmad—the younger brother of slain gangster-turned-politician Atiq Ahmad—has approached the Allahabad High Court to contest a lower court’s order issuing a non-bailable warrant and attachment of her properties.
The action stems from her alleged failure to appear in court in connection with the Umesh Pal murder case.
The order in question was issued by the Special Judge (SC/ST Act) in Prayagraj. Along with Fatima, similar orders were passed against Atiq Ahmad’s wife, Shaishta Parwin, as well as Guddu Muslim and three other accused. The court cited non-appearance by the accused as the reason for invoking coercive measures under the Criminal Procedure Code (CrPC).
CrPC Sections 82 & 83 Invoked
The lower court’s actions are grounded in Sections 82 and 83 of the CrPC. Section 82 empowers a court to issue a public proclamation requiring an accused to appear if it believes the person is absconding or deliberately avoiding arrest. If the accused does not respond to the proclamation, Section 83 allows the court to order attachment of the individual’s movable and immovable property.
Although Fatima’s plea was listed before Justice Rajiv Mishra of the Allahabad High Court, it was not taken up for hearing on Friday. The reasons for the deferral have not been made public. Her petition seeks to overturn the lower court’s decision, arguing that the warrants and property attachment orders were unjustified.
Background
The case is rooted in the sensational murder of Umesh Pal, a key witness in the 2005 BSP MLA Raju Pal murder case. His killing in broad daylight led to renewed scrutiny of criminal-political nexus in Uttar Pradesh. In a subsequent development, Ashraf Ahmad and his elder brother Atiq Ahmad were both shot dead on live television in April 2023 while under police escort for a routine medical checkup. The brazen attack shocked the nation and raised questions about law enforcement lapses.
What Lies Ahead
As the legal process unfolds, all eyes are on how the High Court responds to Fatima’s challenge. The case continues to draw public and political attention, given its high-profile nature and the deepening investigation into the Umesh Pal murder. If the High Court intervenes, it could impact the proceedings against the other absconding accused as well.
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