The Allahabad High Court has recently directed the Uttar Pradesh Government to ensure the safety of Khalid Azeem alias Ashraf (brother of accused Atiq Ahmed) during his jail transfer for the interrogation purpose in the Umesh Pal Murder case.
A division bench of Justice Kaushal Jayendra Thaker and Justice Syed Qamar Hasan Rizvi was hearing a plea of Ashraf, seeking certain reliefs pertaining to his security during his jail transfer fearing that he might be killed in an encounter by the UP Police as he is an accused in the daylight murder case of Umesh Pal.
The bench remarked that under Article 21, it is the State’s obligation to preserve each citizen’s right and liberty.
“It goes without saying that we have not gone into the factual data of this petition as it may turn out to be a disputed question of fact and, therefore, we have not dealt with any of the other annexures or the photographs or the grounds urged in the petition. But as the law of the Country demands, every citizen be given a fair trial and when there is an apprehension to the petitioner, in view of the recent developments, we grant this protection and directions are issued,” the bench stated.
Ashraf pleaded that no physical or bodily damage or other harm befall him and that the authorities refrain from transferring him from District Jail-II Bareilly, where he is currently detained, to Prayagraj or any other jail.
He further requested that any interrogation be conducted at the District Jail in Bareilly, or through video conference, and that any travel take place under the protection of any central police force/parliamentary force, with recording. He also sought that his five advocates be allowed to be present during the transit/interrogation.
The division bench further stated that Ashraf has the right to be represented by an Advocate of his choice during the period of his interrogation.
As far as his prayer for videography of his transit was concerned, the bench left it up to the authorities to assess whether videography from jail was appropriate.
With this, his plea was disposed of.
