Hours before Vikas Dubey\'s encounter\, SC plea feared gangster\'s fate

Hours before Vikas Dubey's encounter, SC plea feared gangster's fate

The petitioner also expressed apprehension of Dubey's encounter killing and sought CBI probe into the matter

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Vikas Dubey | UP Police | Supreme Court

IANS  |  New Delhi 

Kanpur encounter, UP Police
STF and Police investigate the area near the residence of history-sheeter Vikas Dubey and two wells in his house being investigated with the help of divers, at Bikaru village in Kanpur on Wednesday. Vikas Dubey has been absconding since Kanpur encou

A plea has been moved in the seeking directions for the Uttar Pradesh government to conduct a thorough investigation into the killing/alleged encounter of five aides of gangster who might have been involved in the killing of eight policemen in Kanpur on July 3.

The petitioner 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 way to Kanpur. He was shot when he reportedly 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 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.
 

Dubey, the main accused in the Kanpur shoot out case was arrested by the police in Ujjain on Thursday morning. | ANI
Dubey, the main accused in the Kanpur shoot out case was arrested by the police in Ujjain on Thursday morning. | ANI

"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 to register an FIR in the incident of pulling down/demolishing the residential building, shopping mall of accused 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.

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First Published: Fri, July 10 2020. 13:06 IST