SC to hear on Tuesday pleas for probe into encounter killings of Vikas Dubey, associates

The Supreme Court is scheduled to consider on Tuesday a batch of petitions for a CBI, or court monitored investigation to ascertain role of police-criminal-politicians nexus into killings of eight policemen on July 2 in Kanpur and other encounter deaths including that of Vikas Dubey and his gang members till July 10.

A bench of Chief Justice S A Bobde and Justices R Subhash Reddy and A S Bopanna would take up the petitions filed by advocates Ghanshyam Upadhyay and Anoop Prakash Awasthi.

Mumbai advocate, Upadhyay filed a plea on the night of July 10, apprehending encounter killing of Dubey, just hours before his death on being taken from Ujjain on his arrest. He also sought independent probe into the entire episode, including encounter killings of Dubey's accomplices by UP Police showing "complete lawlessness".

In his separate plea, a Supreme Court advocate, Awasthi also sought probe by the CBI, or the NIA, saying the Rule of law cannot be restored by actions of state machinery as outlaw. He contended that if trigger-happy attitude of cops was not put under check, it will lead to anarchy. He pointed out life can be taken only by a procedure established by law as guaranteed by Article 21 of the Constitution.

Terming the encounters killings of six persons allegedly involve in Kanpur incident of July 2 as suspicious in nature, Awasthi said revenge cannot replace justice howsoever grave and instigating the crime may be.

He also raised a question if instant justice delivered by police was permissible in a democratic society governed by rule of law bypassing the criminal justice system. Or if the entire episode was not a ploy to save a selected few by demolishing house of Vikas Dubey and eliminating him and his co-accused and thus closing all chances of breaking vicious nexus of police-criminal-politicians.

PUCL, which had earlier questioned encounters in the state between January 1, 2017 and March 31, 2018, also filed a plea, contending that police encounter or administrative liquidation was a serious crime, an offence against the entire society.

"The incidents, which have been revealed in the killings of the Dubey and his associates, are very shocking in particular, keeping in view continuous cases of mass encounters in the state from January 1, 2017 onwards," it said.

It sought an SIT probe into encounter of Dubey and his aides by Uttar Pradesh police. It asked the 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 the criminal political nexus, prevailing in the state.