Vikas Dubey encounter: Panel clears UP police however seeks probe into official collusion


Over a 12 months after gangster Vikas Dubey and 5 others have been killed in a collection of alleged encounters with the Uttar Pradesh Police, a three-member judicial fee, shaped on the course of the Supreme Courtroom, tabled its report within the state Meeting on Thursday, clearing the police motion.

The fee — headed by retired Supreme Courtroom decide Justice B S Chauhan, and with retired Allahabad HC decide Justice Shashi Kant Agarwal and former UP Director Basic of Police Ok L Gupta as its different members — additionally concluded that there was sufficient proof that Dubey and his gang have been patronised by native police, income and administrative officers, and advisable an inquiry towards the “erring public servants”.

On July three final 12 months, a police group that had gone to Bikru village in Kanpur to arrest Dubey had come below heavy gunfire from rooftops close to the gangster’s house. Eight policemen, together with Deputy Superintendent of Police Devendra Mishra, died within the ambush.

Of the 21 folks named within the FIR, police gunned down six accused, together with Dubey, in alleged encounters over the next weeks. On July 10, Dubey was killed when a police car ferrying him from Ujjain, from the place he was arrested, to Kanpur met with an accident. Police alleged that he tried to flee and opened hearth, and that he was killed in retaliatory hearth.

On the alleged collusion between Dubey and officers, the fee report says, “Police and income officers patronised him and his gang. If any individual lodged any criticism towards Vikas Dubey or his associates, the complainant was all the time humiliated by the police. Even when the upper authorities directed to lodge the criticism, the native police dictated the phrases,” the report mentioned, pointing to Dubey’s spouse’s election as Zila Panchayat member and his brother’s spouse’s election as pradhan of the village as proof of Dubey’s clout within the native administration.

“Investigation in any case lodged towards them was by no means neutral. Sections regarding severe offences have been dropped earlier than submitting the chargesheet. In the course of the trial, most witnesses flip hostile. Vikas Dubey and his associates obtained bail orders from the courts simply and rapidly as there was no severe opposition by the state authorities and authorities advocates. State authorities by no means thought-about it acceptable to have interaction a particular counsel for his prosecution. The state by no means moved any utility for cancellation of bail or approached the superior courtroom for cancellation of any of the bail orders,” the report mentioned.

On the July three police ambush that ended up within the loss of life of eight policemen, the report mentioned among the police personnel posted in Chaubeypur police station, which has jurisdiction over Dubey’s Bikru village, had tipped off the gangster concerning the impending police raid. “There was a complete failure of the intelligence unit in Kanpur in accumulating details about the legal actions [of Dubey] and possession of refined weapons. No correct warning was taken in preparation for the raid, and not one of the policemen have been sporting bulletproof jackets. Solely 18 of them had arms, the remainder had gone empty-handed or with sticks,” the fee’s report mentioned.

Recommending motion towards these whose allegedly colluded with Dubey, the report says, “The Fee recommends initiation of disciplinary proceedings towards the erring public servants for lack of information, notably the report of circumstances regarding Vikas Dubey, after holding an everyday inquiry, and move needed orders towards these discovered responsible.”

Giving a clear chit to the primary encounter that occurred simply seven hours after the Bikru ambush and which resulted within the killing of two of the accused, Dubey’s maternal uncle Prem Prakash and his aide Atul Dubey, the report mentioned the accidents sustained by police personnel didn’t look like self-inflicted and that a lot of the firearm accidents on the accused “have been on the non-vital elements of their our bodies”.

The fee gave related clear chits to the encounters that later killed Amar Dubey, Pravin Kumar Dubey and Prabhat Mishra.

On the alleged encounter that killed Dubey on July 10, the report mentioned that the police group have been on their means again from Ujjain when a herd of cows and buffaloes began crossing the street, inflicting the car to skid and switch over. The fee’s report mentioned that the accident induced “momentary unconsciousness” to among the police personnel sitting within the car, following which the accused, making the most of the state of affairs, allegedly snatched the revolver of a policeman and began working to his left alongside a kutchha street.

In keeping with the fee’s report, Dubey shot from the policeman’s pistol even because the police chased him, injuring two of the boys in uniform. The report provides that police fired on the accused in self-defence, resulting in Dubey collpasing. He was rushed to the district hospital, the place he was declared introduced useless, the fee mentioned, including the accidents suffered by the policemen couldn’t have been self-inflicted or fabricated.