Vikas Dubey’s encounter case reaches Supreme Court
An investigation by NIA, CBI, or a judicial inquiry into the Vikas Dubey encounter case has been demanded in a petition.
New Delhi: The case of the state police encounter of Uttar Pradesh’s notorious criminal Vikas Dubey and his operatives has reached the Supreme Court. While public interest litigation was filed in the Supreme Court on Saturday for an independent investigation into these ‘encounter’, a lawyer has also filed a petition with Chief Justice Sharad Arvind Bobde.
The first petition has been filed by Supreme Court lawyer Anoop Awasthi seeking police investigation into the killing of Vikas Dubey and his associates to be conducted by the Central Bureau of Investigation (CBI) or National Investigation Agency (NIA) or under the supervision of the court.
In his petition, Mr. Awasthi questioned whether the police could take the law into their hands in the name of speedy justice? At the same time, the People’s Union for Civil Liberties (PUCL) has filed a PIL demanding a Special Investigation Team (SIT) to investigate the incidents.
Advocate-on-record (AOR) Mr. Awasthi referred in his petition to the Supreme Court’s decision in the case of ‘Om Prakash and others v. Government of Jharkhand’, stating that police officers cannot kill just because they are guilty. Police’s work is to arrest and prosecute the culprit. The encounter is not legally recognized under India’s criminal justice system and falls into the category of government-administered terrorism.
Questions raised in the petition
The petitioner raises the question whether criminal proceedings in a democratic society governed by the rule of law can be allowed to act as an encounter for speedy justice by defending them as a defence?
Mr. Awasthi has said that the house of Vikas Dubey was allegedly vandalized and he was killed with his associates in the alleged conflict. No attempt has been made to avoid collusion between criminals, police officers, and politicians.
Demand for SIT investigation at the request of NGO PUCL
On the other hand, the PUCL, a non-government organisation (NGO), has also demanded an SIT investigation into the alleged clash in the petition filed by Mrs. Aparna Bhatt. The PUCL has also demanded the court to conduct an investigation by the police officers outside Uttar Pradesh.
The PUCL has stated in its petition that the police statements in relation to the encounter raise many serious questions. Therefore, the Supreme Court is requested to constitute a committee headed by a retired judge to investigate the matter.
Mumbai advocate Atal Bihari Dubey writes to the Chief Justice of India
Meanwhile, Mumbai lawyer Atal Bihari Dubey has written a letter to the Chief Justice of India, appealing to register an FIR in the alleged scuffle with Uttar Pradesh police officials.
It is worth noting that another lawyer from Mumbai, Ghanshyam Upadhyay, filed an online petition about five hours before Vikas Dubey’s death seeking protection of his life. He feared that Vikas, like his associates, might be killed in a “fake encounter”.
He has sent a letter to the Supreme Court Registry today requesting that the matter be listed for an immediate hearing. It’s been appealed in the petition to order for an investigation into the deaths in the alleged encounter, although Vikas was killed just hours later.