The People's Union for Civil Liberties has moved the Supreme Court expressing concern over dilution of the "Rule of Law" in view of the "shocking" Vikas Dubey encounter case.
An application has been filed before the Court, 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.
The application has been moved in a 2018 criminal writ petition moved by the organization, seeking CBI/SIT inquiry into thousands of police encounters that have taken place in the state of UP over the past few years. It is urged that the inquiry should be conducted by such Police Officers of integrity, who have not served in the State of Uttar Pradesh.
"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," the Petitioner submitted.
Thus in the main petition, PUCL has prayed that a Monitoring Committee, headed by a retired Supreme Court Judge should 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.
So far as the Vikas Dubey Encounter is concerned, the Petitioner said that the police version of the encounter raises many serious questions, in particular, whether they are "simple administrative liquidations".
He has therefore prayed the court to constitute a committee headed by a retired Supreme Court Judge to enquire into the encounters that have been taking place in the State of Uttar Pradesh and the Criminal Political nexus which has been prevailing in the State
The application has been filed through Advocate Aparna Bhat and will be argued by Senior Advocate Sanjay Parikh.
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.
A day prior to the encounter, 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.
Two letter petitions have also been sent to the Chief Justice of the Allahabad High Court, seeking CBI/ SIT enquiry and a an independent judicial probe into the incident.