"Such an unfortunate incident is a glaring example when the Police tries to assume and usurp the powers and functions of a Court of Law established under the Constitution of India by executing a criminal in extra-judicial fashion, without proper investigation and without affording him a just and fair opportunity of trial before a Court of Law. It further sends an unfortunate and horrifying message about how fractured and anaemic the Judicial system is, which will result in common man losing his faith and trust in Indian judicial system and valued principles of rule of law as is promulgated by the Constitution of India."
Another letter has been addressed to the Chief Justice of the Allahabad High Court, now seeking a Judicial Inquiry of the Vikas Dubey Encounter episode.
"Appalled" by the "sorry state of affairs" in the state of UP, Advocates Bhavya Sahai and Devesh Saxena have placed a representation before the Chief Justice, in the form of a letter petition, urging him to take cognizance of the alleged "Extra-Judicial Killing" of the Kanpur gangster.
The Advocates claim that the UP Police's version of the incident appears to be "fictional" and inspired from film scripts. "It is highly unlikely and improbable that a criminal being in custody of numerous S.I.T. officials and in their tight classified security will try to escape himself," they said.
Dubey was arrested from MP's Ujjain yesterday, and was being brought to Kanpur by a convoy of the UP police, in connection with killing of eight policemen on July 3. Allegedly, the vehicle in which Dubey was seated overturned in a skid, after which Dubey is alleged to have died in cross-firing, in attempt to escape.
Raising suspicion over the reported series of events the Advocates said,
"As per the live coverage of various news channels, the place of occurrence of the entire incident was a Highway and the roads were perfectly in good condition, which makes it questionable as to how to a vehicle can overturn in such a fashion without an involvement of any third party or force, or as to how any sane person will try to make a daring and reckless attempt to flee from the custody of the police on an open Highway having no substantial place of cover/hideout in the vicinity and also to how he imposed a substantial threat to the Police personnel."
In matters of criminal offences, registration of FIR and enquiry at magisterial level is mandatory under various provisions of the CrPC, as also recognized by the Supreme Court in the case of PUCL v. State of Maharashtra (2014 10 SCC 635). The Advocates fear that if this incident goes unchecked judicially, then it will be treated as an act of "valour" by the police officials and it may become an "unwanted societal norm".
"Given the gravity and magnitude of the present incident it is imperative that this Hon'ble Court must take immediate cognizance of this incident and a Judicial Probe under the supervision of sitting judge of this Hon'ble Court must be ordered in order to ascertain the correct facts of the extra-judicial killing of criminal Vikas Dubey so that the faith of citizens in the Indian Judicial System is reaffirmed and restored," they have urged the Court.
A similar letter was addressed to the Chief Justice by a Supreme Court Advocate and a final year law student from Delhi University. They had urged the Chief Justice to order an independent CBI/ SIT enquiry into the incident, to unearth the true facts.
Yesterday, a petition was filed before the Supreme Court, hinting at the possibility of Dubey being "killed" by the UP Police.
"…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 stated.
Apart from seeking transfer of Dubey's case to the CBI, the plea sought a thorough investigation into the "killing/alleged encounter" of Dubey's aides who were allegedly involved in killing of eight policemen.
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