The encounter of Gangster Vikas Dubey has been the talk of the town, raising many questions and srcutanizing role of Police and Judiciary.
In view of this, another letter has been addressed to the Chief Justice of the Allahabad High Court, now seeking a Judicial Inquiry into the incident.
The letter read:
"Such an unfortunate incident is a glaring example when the Police tries to assume and usurp the powers and functions of a Court of Law established under the Constitution of India by executing a criminal in extra-judicial fashion, without proper investigation and without affording him a just and fair opportunity of trial before a Court of Law. It further sends an unfortunate and horrifying message about how fractured and anaemic the Judicial system is, which will result in common man losing his faith and trust in Indian judicial system and valued principles of rule of law as is promulgated by the Constitution of India."
Advocates Bhavya Sahai and Devesh Saxena have been dismayed by the 'Sorry Sate of Affairs' in the state of UP and thus have placed a letter petition before the Chief Justice urging him to take cognizance of the alleged 'Extra-Judicial Killing' of the Gangster Vikas Dubey.
They contended that the UP Police's version of the incident appears to be 'fictional' and somehow inspired from movie scripts.
They said:
"It is highly unlikely and improbable that a criminal being in custody of numerous S.I.T. officials and in their tight classified security will try to escape himself."
The series of incident are such as after being arrested from MP's Ujjain yesterday, Dubey was being brought to Kanpur by a convoy of the UP Police, in connection with killing of eight Policemen on July 3. Allegedly, the vehicle in which he was seated overturned in a skid, after which he tried to escape the Police and died in cross-firing.
The Advocates in the letter has raised suspicion over the reported series of events:
"As per the live coverage of various news channels, the place of occurrence of the entire incident was a Highway and the roads were perfectly in good condition, which makes it questionable as to how to a vehicle can overturn in such a fashion without an involvement of any third party or force, or as to how any sane person will try to make a daring and reckless attempt to flee from the custody of the police on an open Highway having no substantial place of cover/hideout in the vicinity and also to how he imposed a substantial threat to the Police personnel."
They further highlighted that in matters of Criminal Offences, registration of FIR and enquiry at magisterial level is mandatory under various provisions of the CrPC. Citing SC judgement in case of PUCL v. State of Maharashtra, they added that Advocates fear that if this incident goes unchecked judicially, then it will be treated as an act of 'courage' by the Police Officials and may turn into an 'unwanted societal norm'.
They urged the Court:
"Given the gravity and magnitude of the present incident it is imperative that this Hon'ble Court must take immediate cognizance of this incident and a Judicial Probe under the supervision of sitting judge of this Hon'ble Court must be ordered in order to ascertain the correct facts of the extra-judicial killing of criminal Vikas Dubey so that the faith of citizens in the Indian Judicial System is reaffirmed and restored."
Similarly before this, another letter was addressed to CJI SA Bobde by a Supreme Court Advocate and a final year Law student from Delhi University urging the Chief Justice to order an independent CBI/ SIT enquiry into the incident, to unearth the true facts.
