The Uttar Pradesh government emphatically denied before the Supreme Court on Friday that the gunning down of history-sheeter Vikas Dubey on July 10 was a “fake encounter”.
Special Secretary, State Home Department, Anil Kumar Singh, in a 58-page counter-affidavit, said “the incident can never be termed as a fake encounter looking at it in totality”.
Uttar Pradesh objected to the apex court’s suggestion to set up a judicial commission like the one investigating the encounter deaths of the four accused in the Hyderabad veterinarian’s rape and murder case. Unlike the Telangana government, the U.P. government has suo motu instituted a judicial inquiry into Dubey’s death within days.
Mr. Singh assured the court that, “The State has taken all steps to ensure that even a suspicion does not remain on the incident. It [the Uttar Pradesh government] has acted proactively.”
The affidavit said a retired Allahabad High Court judge is heading the judicial inquiry. A Special Investigation Team has also been set up.
The Uttar Pradesh government described Dubey as a dreaded gangster and the leader of the “Bullet Gang”. It said Dubey was the gangleader of the gang “registered as D-124”.
“He has been a gangster since many decades, having 64 cases of serious offences like murder, dacoity, extortion, etc., against him,” the U.P. government said.
It described the ambush and murder of eight policemen by Dubey and his gang in Kanpur a “brutal massacre”.
Ninety snipers located in strategic positions around Dubey’s house opened fire at the police party who had gone to his native Bikru village to arrest him on July 2 night. The affidavit said how the criminals chopped off a Circle Officer’s leg after killing him.
“They mutilated the bodies of the policemen,” the Uttar Pradesh government said.
A huge cache of ammunition, bombs and explosives was found plastered in the walls and floors of Dubey’s house.
The State said Dubey, who was booked under the National Security Act in 2001, was serving a life sentence and out on parole on July 2. All this showed that Dubey had a strong motive to escape from custody on July 10 when the convoy bringing him back to U.P. from Ujjain met with an accident due to heavy rains.
“He had the capacity, potential and experience to attack the police and kill them,” the U.P. government said. He was killed when the police escort fired back in self-defence. Six policemen were injured in the cross-firing, the affidavit said.
The State denied reports that the media following the convoy was held back without an explanation. On reports that the vehicle which met with the “accident” was different from the one he was travelling in, the State said vehicles were swapped constantly for security reasons. Dubey was shifted to the vehicle which met with the accident at Guna.