New Delhi, March 28 The Supreme Court on Tuesday declined to entertain a plea by Uttar Pradesh's mafia don-turned-former MP Atiq Ahmad seeking protection for life while being in custody of the Uttar Pradesh Police.
Ahmad was brought to the Naini jail on Monday evening amid tight security. The UP Police will produce him before a Prayagraj court in connection with a 2007 kidnapping case on Tuesday.
Earlier this month, he moved the apex court against shifting him to Prayagraj from Sabarmati jail in a case connected with the killing of a witness in an open shooting incident.
A bench comprising Justices Ajay Rastogi and Bela M. Trivedi told Ahmad's counsel to move the high court with proper application.
The counsel vehemently submitted that his client's safety is at stake and sought protection for his life while being in UP Police custody.
The bench replied, "State machinery will take care of you..."
The counsel insisted that there was a direct threat to his life on his transfer to Uttar Pradesh in connection with the Umesh Pal case and urged the bench to record his statement in the order that his life was under threat. However, the top court asked him to move the high court.
Ahmad, in a plea, contended that some local leaders had conspired the murder plan of the deceased Umesh Pal, who is a complainant in a case against the petitioner in which his evidence got recorded six years ago.
Umesh Pal, one of the witnesses, was killed on February 25 in Prayagraj in which wife of Ahmad, all four sons and brother have been roped in as accused of "mere suspicion".
The plea further added that there is no motive for the petitioner to kill Umesh Pal because trial is going to end next month and the court would decide the case after arguments are concluded.
Ahmad said he was a five-time MLA and one-time elected MP, and argued that some leaders in the UP government couldn't accept the induction of his wife in the Bahujan Samaj Party and her name in mayoral elections as a BSP candidate, as they know their fate in local bodies election and also in forthcoming general election in 2024.
The plea said, "After the murder of Umesh Pal, opposition put fuel in the fire...which provoked the Chief Minister Yogi Adityanath to say he would finish mafia (me) 'mafia ko mitti me mila doonga' because petitioner was the main subject in argument in the House".
"This statement of the CM of UP strengthened the devious plan of some police officers who are playing in the hands of political rivals of petitioner. They are planning to eliminate the petitioner and his brother in transit between jail to court. In the past three years some incidents like this happened in Uttar Pradesh by the UP Police," the plea contended.
The petitioner sought directions to protect his life and also to ensure that no physical or bodily injury or harm is done to him in any manner whatsoever during police custody/ remand/ interrogation.
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