“If such a crime is committed with the support of the state or where the state condones such an offence, it takes a very serious dimension, questioning the entire rule of law and governance in accordance with the Constitution,” says PUCL petition
NEW DELHI – At least three petitions have been filed in the Supreme Court seeking thorough investigation into the circumstances leading to the encounter killing of Kanpur gangster Vikas Dubey and his associates. Human rights body, the People’s Union for Civil Liberties (PUCL), on Friday moved the Supreme Court seeking direction to set up special investigation team, having officers who have not served in Uttar Pradesh, to probe into the death of Vikas Dubey and his aides.
Another plea was made by Advocate Anoop Awasthi. He filed a public interest litigation (PIL) in the Supreme Court seeking CBI/NIA/Court-monitored probe into the encounter killings of Vikas Dubey and his associates at different places in Uttar Pradesh
A third petition in the form of letter was filed by Atal Bihari Dubey seeking probe into the alleged fake encounter by the UP Police.
One more plea was filed in the Supreme Court on July 9, the day Vikas Dubey was arrested in Ujjain, Madhya Pradesh. Advocate and petitioner-in-person Ghanshyam Upadhyay had expressed apprehension of the gangster being killed in a fake encounter. The petitioner had sought protection for Dubey and also sought directions for the Uttar Pradesh government to conduct a thorough probe into the killing/alleged encounter of five aides of Dubey.
The PUCL petition have urged the apex court to constitute a committee headed by a retired Supreme Court judge to enquire into the encounters that have been taking place in Uttar Pradesh and also the prevalent criminal-politician nexus in the state.
The PUCL cited a petition that it filed in the Supreme Court in May 2018. In that petition India’s oldest human rights organisation had expressed concern over 1,000 encounters that had taken place, during January 2017 to March 2018, resulting in death of 49 persons and injuries to 370. “During pendency of the petition before this court, the number of encounters increased to 2,000 and deaths to 66 as mentioned in the rejoinder affidavit on October 8, 2018. The number has increased to 5,178 encounters in which 103 persons have been killed and 1,859 have been injured in 2019,” said the plea.
The PUCL petition said it has taken up the issue pertaining to police encounters, among several other human rights issues, as it defies the rule of law and administration of law enforcing machinery in accordance with the Constitution.
“It is further submitted that police encounter/administrative liquidation is a serious crime – murder/culpable homicide and is an offence against the entire society. If such a crime is committed with the support of the state or where the state condones such an offence, it takes a very serious dimension, questioning the entire rule of law and governance in accordance with the Constitution”, said the plea.
The PUCL contended that the UP government is flouting an earlier judgement of the Supreme Court, and indulging in massive encounters with impunity.
– With inputs from agencies