Plea in SC apprehended Vikas Dubey’s killing hours before incident, sought protection from possible encounter

A day before the encounter killing of gangster Vikas Dubey, a petition was filed before the Supreme Court seeking for an investigation into the "killing/alleged encounter" of his five co-accused by the Uttar Pradesh Police and hinted at the possible killing of Dubey, legal news website LiveLaw.in has reported.

Alluding to Dubey's escape from Madhya Pradesh to Uttar Pradesh in a bid to "avoid his encounter by Uttar Pradesh Police", the plea ominously states that that "…there is every possibility that even accused Vikas Dubey shall be killed by Uttar Pradesh Police like other co-accused once his custody is obtained Uttar Pradesh Police".

"Since killing of the accused by the police in the name of encounter even in howsoever heinous crime is against the rule of law and serious violation of human right and this is nothing sort of Talibanisation of the country and hence the instant petition," it said.

Filed by advocate Ghanshyam Upadhyay, the plea, therefore, prays for a thorough investigation into the "killing/alleged encounter of four accused who along with co-accused Vikas Dubey were alleged to be involved in killing of eight policemen in district Kanpur on 02.07.2020 which is now known as Kanpur Kand and which has rocked and shocked the entire nation".

It has further been prayed that the matter be investigated by the Central Bureau of Investigation, under the supervision of the Supreme Court and that the same is ministered by the court. Thereafter, strict action is to be taken against the policemen and all those are who are involved in the killing of the four accused.

The plea comes at the heels of the news report which stated that eight policemen were allegedly gunned down when they had gone to arrest Vikas Dubey in District Kanpur of UP. Dubey, as well as his associates, had managed to flee the scene of crime. Post the incident, the administration of Uttar Pradesh government came into action, with the Chief Minister making a statement that the sacrifice of the policemen would not go in vain and that the culprits would not be spared. Consequently, the state administration and police machinery demolished various properties of Dubey.

Media reports came to the knowledge of the petitioner which showed that the five co-accused of Dubey were arrested and then had been killed by the policemen in the name of an encounter. Further, Dubey himself had managed to escape from the territory of UP to reach Madhya Pradesh, where he was arrested by the Madhya Pradesh Police.

It has been alleged in the plea that there are indications/suggestions that Dubey willingly got himself arrested in Madhya Pradesh in a bid to save himself from being killed by the Uttar Pradesh Police or even by the MP Police in the name of encounter.

The plea condemns the acts of the Uttar Pradesh Police/Administration in demolishing the property of Dubey and further killing of his five co-accused. It seeks for FIRs to be registered against the police involved in the same under the applicable provisions of all, and for the investigation to be conducted by the CBI, monitored by the Supreme Court, as it involves higher police authority and even ministers/officials from the Home Department of the UP Government.

"In a democratic country like ours, which is governed by the rule of law, even the persons/criminal like Afzal Guru, Ajmal Kasab, people involved in Bombay Bomb Blast case which took place in the year 1993, Bombay Train Blast Case etc. wherein large number of completely innocent people lost their lives and properties, were dealt with in accordance with law and in the process, they were given complete opportunity to defend themselves not only during trial but also in appeal up to this Hon'ble Court," the plea says.

Therefore, appealing to the Supreme Court to assume its duty as the "ultimate custodian of law and Constitution", the plea places the example of Vikas Dubey as a glaring point of corruption in the police department and law enforcement machineries, and also invokes the Telangana Encounter case.

In light of Dubey's connections with high profile politicians and police officials, the plea prays for an urgent investigation by an independent investigation agency like CBI, under the supervision and control of the Supreme Court, while professing that the petitioner has no sympathy for the accused, but is in great pain to see the complete lawlessness and extreme high-handed action on the part of the police machineries.