The Supreme Court has been moved by the People’s Union for Civil Liberties in view of the “shocking”Vikas Dubey encounter case, expressing concern over dilution of the “Rule of Law”.
Before the Court, an application seeking constitution of a Special Investigation Team (SIT) to probe the alleged police encounter of Kanpur gangster Vikas Dubey and his aides, Amar Dubey and Prabhat Mishra has been filed.
Seeking CBI/SIT inquiry into thousands of police encounters that have taken place in the state of UP over the past few years, the application has been moved in a 2018 criminal writ petition moved by the organization wherein it is urged that the Police Officers of integrity, who have not served in the State of Uttar Pradesh should conduct the inquiry.
Submissions were made by the petitioner,
“Police encounter/administrative liquidation is a serious crime- murder/culpable homicide and is an offence against the entire society. If such a crime is committed with the support of the State or where the State condones such an offence, it takes a very serious dimension, questioning the entire Rule of Law and governance in accordance with the Constitution.”
Therefore, PUCL has prayed for a Monitoring Committee, headed by a retired Supreme Court Judge to enquire into the role played by all authorities/persons who have directly or indirectly supported the encounter killings by abdicating their legal duties and responsibilities.
The Petitioner said that the police version of the encounter raises many serious questions as far as the Vikas Dubey Case is concerned in particular, whether they are “simple administrative liquidations”.
Prayer has been made to the court to constitute a committee headed by a retired Supreme Court Judge to enquire into the encounters like Vikas Dubey that have been taking place in the State of Uttar Pradesh and the Criminal Political nexus which has been prevailing in the State.
Advocate Aparna Bhat filed the application and Senior Advocate Sanjay Parikh will be arguing it further.
On 10 July, Dubey was arrested from MP’s Ujjain in connection with killing of eight policemen on July 3 and brought to Kanpur by a convoy of the UP police. Dubey is alleged to have died in cross-firing, in attempt to escape.
Petition a day prior to the encounter, was filed before the Supreme Court, hinting at the possibility of Dubey being “killed” by the UP Police.
The plea expressed,“…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.”
The plea sought a thorough investigation into the “killing/alleged encounter” of Dubey’s aides who were allegedly involved in killing of eight policemen, apart from the transfer of Dubey’s case to the CBI.
The Chief Justice of the Allahabad High Court has also been informed seeking CBI/ SIT enquiry and an independent judicial probe into the incident by two letter petitions.
Read the Application here: