"Is Satisfying Collective Conscience In Such An Unlawful Way Healthy For Democracy": Lawyer Writes To CJI Seeking FIR Against Police in Vikas Dubey 'Encounter'

A Mumbai based lawyer Atal Bihari Dubey has written to the Chief Justice of India seeking registration of FIR under Section 302 against police personnel (Uttar Pradesh) involved in the alleged 'fake encounter' of gangster Vikas Dubey who was arrested by Madhya Pradesh police yesterday.

The deceased gangster was absconding after eight policemen were killed trying to secure his arrest on July 3 in an ambush. He was arrested in Ujjain's Mahakal temple yesterday ann upon his arrest, Dubey shouted- "Mai Vikas Dubey Hoon Kanpur Wala".

Advocate Atal Bihari Dubey contends in the letter that Vikas Dubey himself approached the security personnel of Mahakal Temple for calling police and he was seen to be very comfortable and never tried to flee. Vikas Dubey also contacted the media so he could be saved from an encounter or he was feeling safe in the presence of the media therefore he shouted his name, the letter states.

According to UP Police, the vehicle Vikas Dubey was being carried in was involved in an accident and toppled. Dubey tried to escape after snatching the gun from a policeman. However, when police asked him to surrender he shot at them and therefore in a counter attack he was killed. The letter states-

"I am totally against the crime done by Vikas Dubey and other accused. My Lord, it was apprehension by us that Vikas Dubey will be going kill by Utter Pradesh Police as they have done same act with other accused in Kanpur Police murder case. Unfortunately, Police did the same act and murdered Viaks Dubey and didn't follow guidelines issued by this Hon'ble Court in PUCL Vs State of Maharashtra."

Moreover, the letter raises certain questions regarding the said encounter, for example the media team following the police team travelling with Vikas Dubey was stopped before the fake encounter incident and not allowed to follow Dubey. Also, why did the police shoot him on his chest and why not on his leg?, Adv Atal contends.

Calling it a case of planned murder, Adv Dubey says in the letter-

"Is the satisfying of collective conscience in such a brazenly unlawful and murderous way healthy for democracy? My Lord, this is a violation of rule of law and Constitutional guarantee".

Thus, Adv Dubey seeks directions to CBI to register FIR against all the police personnel involved in the alleged 'fake encounter' under Section 302 of IPC and other relevant sections.

Similarly, a letter petition has also been addressed to the Chief Justice of the Allahabad High Court seeking an independent CBI/ SIT enquiry into the alleged fake encounter.

Moreover, a petition was filed before the Supreme Court yesterday hinting at the possibility of Dubey being "killed" by the UP Police once his custody is obtained by them.

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