Vikas Extra Judicial Killing: Travesty of Law, Celebration of Drama

Suresh Sahni

Suresh Sahni

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The most dreaded gangster of U.P. Vikas Dubey was caught in Mahakaleshwar Temple at Ujjain in a stage-managed drama by the Police of M.P. Thereafter, the Police of U.P. was informed who had declared the prize of Rs 5.00 lacs on the arrest of this gangster.

The need for arrest and declaration of award traced its origin to the most chilling incident which occurred on the intervening night of 3rd& 4th July in the Village Bikru, Police Station Chaubeypur, District Kanpur.

The Police force of three Police Stations led by slained C.O. Devendra Mishra dared to arrest him in terms of law in a case registered against him. The S.O. of P.S. Bikru and many other Police personnel having unholy relations and ties informed the gangster about the raid to enable him to make his escape good.

Vikas
Vikas Dubey

The Frankenstein monster, herein, slained Vikas Dubey while living in the vicinity of Kanpur deemed himself to be the uncrowned king of the area, courtesy Police, politicians, and bureaucrats. His vitiated wisdom encouraged the notion that he was the master of all that he surveyed. He made all lethal preparation to counter the raid organized by the Police under the law.

As a result of that, the movement of the Police party was restricted close to his place of abode by parking the JCB Machine.

The unlawful and enormous power of gangster is apparent from the action conceived that the State authorities responsible for running the electricity in the village were asked to discontinue the light and the same was done to facilitate the ill-conceived plan of the gangster.

The Police party comprising of multiple personnel when was encountered with the barricading, decided to move on foot, the gangsters and his allies already positioned on the rooftops started raining the herd of bullets with utmost lethal weapons.

The raiding party was shocked and surprised and instead of retaliating forthwith, ran helter and skelter to shield them from the on-slaught initiated, jointly and severally by the gangsters.

The unfortunate outcome of the incident was that eight Police personnel lost their lives and score(s) of others are still recuperating from the various injuries including the grievous injuries.

The visuals of the incident reveal in no uncertain terms that the S.O., namely, Shri Vinay Tiwari who was supposed to lead the raid party being familiar with the topography of village was at the tail end with unusual gait and appearance.

This single circumstance is sufficient to show his culpability that he was having the complete knowledge that the incident will occur in the manner perceived by Vikas Dubey. Therefore, he tried to shield himself from any bodily injury or casualty by remaining at the rear of the line of the raiding party.

vikas encounter

The entire State including the habitants were sadly stirred and taken aback by the horrific,harrowing and horrendous incident. The incompetence of the U.P. Police started ringing relentlessly in every mind through-out the country & globe.

The electronic media, digital media, social media, and the print media were leaving no stone unturned to earn as much publicity as one can.

It is also being reported that Vikas was having about sixty criminal cases to his discredit. I being a practicing lawyer in the Constitutional Courts am well aware of the reality that most of the cases of crimes against criminals of this magnitude go unreported.

The victim(s) because of the heebie-jeebies of such criminals do not dare to resort to the process of law and especially when the protector of the public, herein, the Police is partner in crime with the accused. They suffer in silence, therefore, undoubtedly, Vikas will be having far more and more cases than the existent sixty cases as per the Police data.

The so-called encounter within the vicinity of Kanpur District raises more questions for probe than answer by an independent body to unearth the truth buried under the surface knowingly by the Police.

In the legal sphere the so-called encounter is known as the Extra Judicial Killing and which has no legal sanction. The person(s) responsible for the extra judicial killing are as culpable murderers as the slained Vikas was.

It is quite apparent from the place of so-called arrest, pre-arrest and post-arrest from the demeanor of Vikas that he was very apprehensive of being encountered at the hands of the U.P. Police. Consequently, he chose the place of arrest reported widely by media in humungous consultation with the person(s) in power.

He was well aware of the legal position that after his arrest and handing-over to the Police of U.P.; the transit remand i.e. for the journey from Ujjain to Kanpur shall be granted by the Judicial Magistrate in terms of section 80 of Code of Criminal Procedure.

This will indeed establish judicially that he was caught alive and this judicial intervention shall deter the U.P. Police to liquidate him in a false encounter.

vikas arrested
Police arrested Vikas Dubey from a temple

This is also evident from the visuals of initial nabbing at the temple that he was constantly shouting while being in the custody of local Police that “I am Vikas Dubey of Kanpur”. To let the entire world, know that he was caught alive.

To the utter shock, surprise and dismay of everyone, the Police of U.P. exhibited scant regard for law as Vikas was not produced before the Jurisdictional Magistrate and was straight-away driven in custody of U.P. Police to Kanpur.

Suddenly, in a well scripted story the car carrying him turtled owing to unexpected intervention of the herd of stray animals.

As per the Police story, this gave him an opportunity to snatch the revolver from the Police accompanying him in order to escape.

The Police chased him, in-turn he fired upon the Police. The Police in retaliation fired in self-defense in view of chapter II of Indian Penal Code, 1860, as a result of that the gangster was slayed and rushed to a nearby hospital where he was declared “brought dead”.

In the process (supra) three policemen also sustained injuries at the hands of gangster but only on the non-vital parts, this itself speak(s) in volume about the credibility of the tidy script drama. The adventure story of encounter under the garb of self-defense is hardly to be stomached by even a credulous man.

The autopsy performed at L.L.R. Hospital, Kanpur indicates that he received four entry wounds on the chest and the corresponding exit wounds were also there at the back.An entry wound was also found on the non-vital part of his body.

The most astonishing aspect of the matter is that post the initial incident of slaying of eight Police personnel, the arrest of five accomplice(s) of this gang and their slaying bears the striking-similarity with one another.

vikas police

This leads only to the theory of Extra Judicial Killing by the Police of U.P. The circumstances which led to the killing of Vikas Dubey are shrouded in mystery and need to be probed, thread-bare with surgical precision lest the justice becomes the casualty.

Looking to the track-record and criminal antecedents of Vikas, the fair trial if would have occurred and supported religiously by the witnesses’ would have unfailingly ended in a certain conviction under section 302 read with 120B of Indian Penal Code and others. Punishment under section 302 of Indian Penal Code postulates two sentences, either life imprisonment or death sentence.

The case of Vikas falls within the arena of rarest of rare and would have knocked, without any kind of mur-mur, the death sentence. The sentence was not going to be commuted into life imprisonment or any kind of mercy or amnesty by the Constitutional Courts/competent authorities.

The Police was having the well ensconced apprehension that if the gangster would remain alive, the deeper inquiry by the law abiding inquiry Officer would succeed in asking the Vikas to spill the beans and the spilled beans would have come in Public Domain.

Subsequently, the untold number of politicians, bureaucrats, and the Police personnel would (have been) found to be accomplice who nurtured this man to acquire this status of naked notoriety.

The same would have directly or indirectly slayed the political or service career of those persons. I am at loss to comprehend in my teeny-weeny wisdom after seeing the conduct of U.P. Police, as to what prevented the Mumbai Police to liquidate the Pakistani terrorist, namely, Ajmal Kasab, when caught injured.

vikas kasab
Ajmal Kasab

The only answer is that the top echelon of the Government and Police were not interested in killing him, for killing would have destroyed, the would be emergence of origin of the incident along with nexus and ties with the Pakistani establishment.

The Government of the day opted to nab him alive and show to the world at large that India is a democratic country and believes in the Rule of Law.

The Government spent crores and crores of rupees in holding the trial of Kasab in complete consonance with Article 21 of the Constitution of India and other applicable law(s).

The Article (supra) mandates in explicit and unambiguous terms that “no person shall be deprived of his life or personal liberty except according to the procedure established by the law.”

In the case of Vikas Dubey and his accomplice(s) the most proudly cherished and valuable Article (supra) was thrown to the winds. The State must hold itself to the Rule of law, for we are not the banana republic where the disregard of the law is Rule of law.

The Police of U.P. should not have behaved like the President of Philippines, namely, Rodrigo Duterte who has unleashed a terror of killing against the drug peddlers. They are being eliminated without subjecting them to the judicial process.

The police and other related persons should introspect and shun their greed or other luxuries while serving to guard the public. They must owe absolute allegiance to the Rule of law irrespective of the extenuations.

Police must remember that they owe servitude to the Constitution, law and to none others. They must in order to succor the dents of Public behave with the humility by recognizing that they are the servants of Public and not the master of Public.

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Suresh Sahni

Suresh Sahni

Suresh Sahni is a Senior Advocate at Rajasthan High Court.

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