It was a real encounter: Uttar Pradesh police tell SC

Satya Prakash

Tribune News Service

New Delhi, July 17

Amid speculations over the killing of gangster Vikas Dubey in a police encounter en route Kanpur from Ujjain, the Uttar Pradesh Police on Friday asserted before the Supreme Court that it was a real encounter.

In an affidavit filed in response to the petitions seeking a court-monitored SIT probe into Dubey’s killing, UP Director General of Police Hitesh Chandra Awasthy said the police party escorting the gangster had to fire back in self-defence after he tried to escape.

Giving details of the July 10 incident, Awasthy said: “The only option available to the escort party, under the circumstances was to fire back in self-defence.”

Denying that Dubey had surrendered at Ujjain, he said the accused was identified by cops and Mahakal Temple authorities.

He said Dubey was not handcuffed as there were 15 police personnel and three vehicles to escort him directly to the court at Kanpur where had to be produced by 10 am before the expiry of 24 hours period from arrest.

He said: “…deceased Vikas Dubey not only had a strong reason and motive to flee away from police custody (as he attempted to do on July 10) but had the capacity, potential and experience of attacking the police personnel and killing them which in fact happened on July 10 when he tried to escape and fire at the police party when prevented.”

The UP government set up a three-member SIT headed by UP additional chief secretary Sanjay Bhoosreddy on July 11 to look into the crimes committed by the gangster and the alleged collusion between Dubey, police and politicians, the affidavit said, adding, the SIT has been asked to submit its report by the end.

Taking serious cognizance of all events relating to the encounters, the UP government had also constituted a commission of enquiry headed by a former Allahabad High Court Judge, the affidavit stated.

While asking the UP government to respond to petitions seeking a Court-monitored SIT probe into encounter killing of Dubey and his associates, a Bench headed by CJI SA Bobde had indicated that it might appoint a panel headed by a former judge to inquire into the encounters.

The Bench will consider the affidavit on July 20 when it takes up petitions filed by the PUCL, advocate Ghanshyam Upadhyay and suspended police inspector KK Sharma, who is accused of giving a tip-off to the gangster.

The state authorities acted strictly in accordance with the law and the top court’s 2014 guidelines and intimated the NHRC and the SHRC within 24 hours of the incident, the affidavit stated.