"Vikas Dubey Encounter Was Not Manufactured But Real, Cops Fired At Dubey In Self-Defence":UP Govt. Files Counter Before SC

The Uttar Pradesh Government has filed its reply before the Top Court in a plea seeking CBI monitored investigation into the alleged encounter of accused Vikas Dubey and his three aides on July 10.Filed on behalf of the Director General of Police, Counter Affidavit states that the encounter of Gangster Vikas Dubey was not a manufactured one but real as Dubey's motive was to flee and kill the Cops who were guarding him. The reply states that the apprehension of an encounter of Vikas Dubey by the Petitioners arises "from fertile imagination of advisors and defenders of criminals".The Government of Uttar Pradesh also states that it has constituted a Judicial Inquiry Commission to inter alia enquire into the alleged collusion of accused and his associates with police and other departments. Thus, the writ petition under Article 32 may not be exercised as it is an "independent and neutral investigation going on strictly in accordance with the Code of Criminal Procedure"The SIT is being headed by UP Additional Chief Secretary Sh. Sanjay Bhoosreddy. The Additional Director General of Police Shri Hariram Sharma and DIG Shri Ravindra Gaud will also be part of the SIT team.In light of this, it states at the beginning that,"The State of Uttar Pradesh is filing this Affidavit for the purpose of -a. Satisfying this Hon'ble Court that true facts as reflected hereunder reveal that the incident in question can never be termed as 'fake encounter' looking at the incident in totality;b. The State Government has taken all steps to ensure that even a suspicion does not remain on the said incident and has acted proactively."Narrating the sequence of events which lead to the eventual death of Vikas Dubey, the Government highlights that it was the result of a cross-fire between Dubey and the Police Personnel after the SUV carrying him overturned due to "heavy rainfall" which started at Barajor Toll Plaza and a "herd of cattle that suddenly came running on the road from the right side". This led to the police personnel getting seriously injured and losing consciousness, during which Dubey snatched the pistol from one of the Personnel and escaped.Subsequently, a vehicle of Special Task Force (STF) which was behind the SUV reached the spot and Dubey began firing "indiscriminately" towards the STF, after which the STF personnel fired six shots at Dubey in "Self Defence"."he fired nine rounds in all by which Dy. SP Shri TB Singh was hit in the chest but survived as he was wearing a Bullet proof jacket. The STF team asked gangster Vikas Dubey to surrender but he continued to flee and fire. Two STF personnel suffered firearm injuries. In self defence, the members of STF team fired six shots at Vikas Dubey. Three shots hit gangster Vikas Dubey. He was then rushed to the hospital where he was declared dead."The affidavit also seeks to place on record some facts, which in the view of the UP Govt. have been "misconceived". In light of this, the affidavit brings out the following to the fore (note that this is a crux of facts as laid down by the State Government):1) Vikas Dubey had not surrendered. The accused was identified by the Mahakaal Temple by the Samiti Authorities from where he was taken into custody by the Ujjain Police, the information of which was shared with UP Police.2) Vikas Dubey was being transferred from vehicle to vehicle to ensure security and alertness.3) Vikas Dubey was not handcuffed because there were 15 police personnel and 3 vehicles to escort the accused directly to the court at Kanpur, he had to be produced before Court within 24 hours - which was expiring on July 10 at 10 AM.4) No media vehicle was stopped by UP police. The vehicle of Republic TV & Aaj Tak reached the accident site immediately. Police claims that there is also a video of "heavy rains".5) No locals on site claiming they heard gunshot and no witnesses to accident as no habitation or houses near site of incident. No pedestrian movement due to heavy rains.6) Regarding apprehension of his encounter a day before he was killed as state din the Writ petition, the affidavit states that "this seems to be arising from fertile imagination of advisors and defenders of criminals than reality"7) Regarding the issue of Vikas Dubey being unable to run as he had an iron rod implant and was seen limping earlier, the Govt. has stated that Dubey was "perfectly mobile".8) Six bullets fired instead of 4, which is being wrongly claimed, the police states. "It was a close and face to face exchange of fire in furtherance of self-defence by Police".9) Accused had fired 9 rounds at the STF team and he was facing the police while firing. Dubey did not surrender "even after warning and continued to fire on the police team. Only three bullet shots hit the accused. It was a close and face to face exchange of fire in furtherance of self defence". This is why, the affidavit states, no bullet was shot in the back when Dubey was running away.10) Answering the question of what secrets ...

"Vikas Dubey Encounter Was Not Manufactured But Real, Cops Fired At Dubey In Self-Defence":UP Govt. Files Counter Before SC

Sanya Talwar

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