A plea has been moved in the Supreme Court seeking directions for the Uttar Pradesh government to conduct a thorough investigation into the alleged encounter of five aides of gangster Vikas Dubey who might have been involved in the killing of eight policemen in Kanpur on July 3.
The petitioner had also expressed apprehension of Dubey's encounter killing and sought CBI probe into the matter. The plea was moved on Thursday evening by advocate and petitioner-in-person Ghanshyam Upadhyay seeking urgent hearing on the matter.
Hours later on Friday, Dubey was killed after being critically injured in an alleged shootout with STF officials on the way to Kanpur. He was shot when he, according to the police, tried to flee, following a road accident in which the vehicle he was travelling in overturned.
The plea contended the debates on news channels indicate that Dubey got himself arrested by Madhya Pradesh police to avoid his encounter by Uttar Pradesh police. "Thus, 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 by Uttar Pradesh Police. Since, killing of the accused by the police in the name of encounter even in howsoever heinous crime is against the rule of law and serious violation of human right and this is nothing short of Talibanisation of the country and hence the instant petition," said the plea.
The plea contended that acts of Uttar Pradesh Police/administration of pulling down/demolishing the residential building, shopping mall of Dubey and also his expensive cars/vehicles and various other movable/immovable properties with the help of bulldozer, JCB, Poclain machines is highly illegal and impermissible in law.
"Punishing the accused/culprit after his crime being proved, is the function of the competent court of law and thus, police cannot usurp jurisdiction to itself to punish the accused by killing him in the name of encounter before his crime being proved in accordance with law," said the plea.
The petitioner urged the top court to direct the UP police to register an FIR in the incident of pulling down/demolishing the residential building, shopping mall of accused Vikas Dubey and so all his expensive cars/vehicles and various other movable/immovable properties with the help of bulldozer, JCB machines and further killing of five co-accused, who were alleged to be involved in killing of eight policemen and transfer the investigations to the Central Bureau of Investigation.