The Supreme Court has granted permission to hear a plea on April 24th which requests an independent investigation into the deaths of Atiq Ahmed, a former gangster turned politician, and his brother Ashraf while in police custody.
While being escorted by police personnel to a medical college in Prayagraj for a check-up, Atiq Ahmed and his brother Ashraf Ahmed were shot at close range by three individuals disguised as journalists during a media interaction on Saturday night.
The PIL was filed by advocate Vishal Tiwari, who requested an investigation into the murders of Atiq and his brother Ashraf. The petition also sought a request to carry out an investigation under a team headed by a former Supreme Court justice. Vishal Tiwari also asked for an investigation of 183 encounters that occurred in Uttar Pradesh after 2017.
Who is Advocate Vishal Tiwari?
Advocate Vishal Tiwari has been working as a lawyer for several years and is a member of the Supreme Court Bar Association (SCBA). He has been submitting PILs on a multitude of subjects of public interest. He had submitted a PIL to the Supreme Court during the second wave of the Corona pandemic, which gained a lot of attention.
In this PIL, he had called for financial assistance and said that Corona’s inflation had shattered the backs of the populace. Exemptions from things like EMI and loan interest should be offered in such a circumstance. The Supreme Court then dismissed the application, stating that the Centre is responsible for handling economic problems. Later, he also sent the PM a letter.
Serial PIList wanted the creation of a commission to probe the Hinderburg report
He had also petitioned the Supreme Court in this instance, asking for the creation of a commission that would conduct an open investigation of the Hindenburg Report. In his PIL, lawyer Vishal Tiwari said that the central government had not acted decisively on the Hindenburg report. The economy of the nation was negatively impacted by this report.
Supreme Court constitutes committee on Hindenburg Report. We hope for Refined findings and Allegations levelled will be investigated. And if any wrong is found than strict Action will be there.
— VISHAL TIWARI (@VISHALT12039545) March 2, 2023
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In his plea, he made reference to SEBI and said that despite hundreds of investors losing millions of rupees as a result of the Hindenburg report, no effective action was done.
PIL filed for Menstrual leave
Vishal Tiwari filed yet another PIL that received attention. He had previously called for women to be granted menstruation leave and stated in his PIL that this was a woman’s right. In his appeal, Advocate Tiwari cited several workplaces where women receive leave for menstruation and argued that this merits a unified rule.
PIL filed on Morbi bridge collapse
The PIL sought direction for a probe led by a retired Supreme Court judge in the catastrophe of October 30 2022, which claimed the lives of over 130 people, including 50 children and 35 women.
In his appeal, Tiwari called for a thorough safety examination of all outdated public buildings nationwide and the establishment of permanent catastrophe investigation teams in each state to respond quickly to such incidents. Such an incidence “prima facie illustrates the serious situation of responsibility lapse, negligence, failure of administration, and dishonest duty of care by government officials towards the public. According to Tiwari’s PIL, the maintenance and repair work was given to a private operator who had utterly failed to keep the bridge operating.
Arguments in the PIL related to the Atiq murder case
Advocate Vishal Tiwari included a reference to the Vikas Dubey encounter and requested a CBI investigation based on his plea pertaining to the Atiq Ahmed murder case. He has stated that such behaviour poses a severe threat to any democracy ruled by the law. In a democratic society, the police shouldn’t have the ability to deliver justice. Punishment is only authorised by the legal system.
In his appeal, Advocate Tiwari criticised the police administration, claiming that the killing of an accused while they were holding him in custody demonstrated systemic flaws. The Atiq Ahmed murder case may have two facets. Atiq’s murder was either committed by another gang member or group, or a systemic plot led to it. It is vital to conduct an open investigation in such a case.