Breaking law in the name of law enforcement

THE killing of gangster Vikas Dubey in a police encounter raises a number of disturbing questions. It spotlights the increasingly important role played by the bahubalis in some North Indian states. Dubey was involved in a number of criminal cases and was a dreaded figure in Kanpur and neighbouring areas. However, he had an excellent equation with leaders of various political parties and also kept the police in good humour. Further inquiry will unravel the reasons why the police and the powers that be turned against him.

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During my long career in the police, I never witnessed or heard of attacks such as the July 2 ambush. Normally, local criminals avoid a confrontation with the police. I had the occasion to witness stray attacks by smugglers or the local mafia in order to settle old scores, but not a planned, all-out attack of this nature, resulting in the death of eight police personnel.

This happened because of an unholy nexus between the criminals and political leaders. Taking advantage of this symbiotic relationship, politically powerful criminals cock a snook at the police, snapping the chain of command and control. The police give them a free rein. Neutral law enforcement suffers a body blow.

The truth of the matter is that political parties need bahubalis to raise funds, park unaccounted money and bully their opponents. The latter, in turn, are given a free hand in their criminal depredations. This is the reason why political parties of all hues are against reforms which would diminish their control over the police.

With political patronage cutting across party lines, Dubey was having a field day. He had not only amassed a huge fortune, but also built a dreaded gang which was operating freely and fearlessly. His house had become a storehouse of illegal arms, including AK-47s. This would not have been possible without the active connivance of the police. As his linkages with the police had spread at all levels, he was duly informed by the police stool pigeon of the impending raid. This facilitated his escape. It was indeed a blunder on the part of the DSP to plan this raid on his house at night without adequate preparations. Hence, they became easy targets with their weapons also being looted. The true reason for their hatred and anger against the police needs a searching probe.

The police counter-offensive started in full swing. Some members of the gang were apprehended and killed, including his close associate Amar Dubey. Vikas surrendered with a view to saving his life, but that was not to be. He was killed in an encounter while seeking to escape from custody. However, surrounding facts and circumstances leave little room for doubt that it was a fake encounter and the police had exacted a bloody revenge and got even with the gangster who had dared to kill policemen.

Admittedly, the liquidation of Vikas Dubey by the police highlights some important issues of law enforcement. First, there was loud public acclaim for the killing of the dreaded gangster. Many have lauded the police action as they feel that the case would have otherwise dragged on in the court of law and the criminal may have got away scot-free. There was pressure on the police from the public as well as the political masters to take the law in their hands and play the role of investigators as well as executioners.

I recollect an incident when the then chief minister of a state reproved me for my failure to firmly deal with a notorious gang of dacoits by adopting, if necessary, extra-legal methods. With great difficulty, I could persuade him that such illegal methods would prove to be counter- productive. It may be mentioned that the National Police Commission, in its report, firmly discouraged fake encounters as this is not the remedy to tackle such situations. What is necessary is to strengthen the law and the legal process. The practice of policing to break law in the name of law enforcement is totally unacceptable in a democratic society governed by the rule of law. It is objectionable because it will be arbitrary as a process and random in its effects.

Secondly, it jeopardises further probe into the operations of criminal gangs. Vikas Dubey was directly involved in a large number of cases and enjoyed the patronage of many political leaders. Sustained investigation and interrogation would have unearthed his modus operandi and nexus with the police and politicians. But, with his death, that window of opportunity is now closed.

The allegation that this killing was done to prevent him from singing and exposing influential politicians may not be true. But, indeed, an opportunity for a thorough probe into the criminal-police-politician nexus was lost. Now, the UP Government has set up a judicial commission to inquire into the matter. Hope, it will complete the inquiry and come out with a credible report early.

Thirdly, officers, particularly police leaders, have to remember that when the police take recourse to extra-legal methods to make up for the deficiencies of law and legal procedures, they are trying to remedy the inadequacies they did not create. They deflect attention to themselves, away from the negligence of others. In a democratic society, order through repression is the worst form of disorder as it establishes a linkage between social order and atrocity.

Earlier, when the UP CM gave carte blanche to the police to stage encounters to control the spiralling crime, many expressed misgivings that there will be misuse of authority and innocent persons belonging to the marginalised sections of society will come to grief.

In many state police forces, in such an ambience, there emerge encounter specialists, lionised because through extra-legal methods, they deliver the goods, but many turn extortionists and enrich themselves by dubious means. David Bayley, an American police scholar, aptly said that illegality in the service of public safety makes policing a furtive and anxious activity and undermines pride, which is the basis of job satisfaction.