HC reserves verdict on Atiq Ahmed’s two missing minor sons

Prayagraj: The Allahabad High Court on Thursday reserved its order on a habeas corpus writ petition seeking to know the whereabouts of the two missing minor sons of jailed mafia don Atiq Ahmed.
Atiq’s wife Shaista Parveen had filed the petition alleging that her two minor sons – Ahzan Ahmad and Aaban Ahmad-- were arrested by the police on February 24, 2023 after the killing of lawyer Umesh Pal and their whereabouts are not known since then.
Atiq, his wife Shaista, brother Ashraf and two sons were named as accused in the case.
The order was passed by a division bench comprising Justice Vivek Kumar Birla and Justice Surendra Singh -1 after hearing submissions by counsels for the petitioner and state government.
Appearing on behalf of the petitioner, senior advocate Daya Shankar Mishra argued that the life and liberty of Atiq’s two minor sons are in danger. Therefore, he requested the court that a direction be issued that they (minors) be produced before the court and set at liberty.
A preliminary objection was raised on behalf of additional advocate general Manish Goyal, who represented the state government, that an application under section 97 of criminal procedure code (CrPC) was already pending before the CJM Allahabad and hence the habeas corpus writ petition was not maintainable.
The section 97 of CrPC provides procedure for search for persons wrongfully confined.
To note, an application relating to Atiq’s missing minor sons is already pending before the chief judicial magistrate (CJM), Prayagraj who has directed the station incharge of Dhoomanganj to submit a report in this regard.
Earlier, the police had submitted its report before the CJM that these two sons were lodged in Child Protection Home at Kuldabad after they were found roaming in the Chakia locality of Prayagraj.
However, Shaista’s counsel said they were not present at the shelter home.
Thereafter, the CJM had again directed the police to submit its detailed report regarding the whereabouts of the duo and fixed March 24, 2023 as the next date of hearing.
It may be noted that a criminal case in connection with the killing of Umesh Pal, a prime witness in 2005 BSP MLA Raju Pal murder case, along with his two security guards has been registered in Dhoomanganj police station in Prayagraj.