Hyderabad: A three-member judicial commission that looked into the alleged killing of gangster Vikas Dubey and five others last year in encounters with the Uttar Pradesh police has submitted its report in the state Assembly on Thursday, clearing the police action. Nevertheless — the judicial commission formed on the direction of the Supreme Court — made some damning remarks on the way the entire episode took a Machiavellian twist with the help of both the local police and other state apparatus. The commission demanded the initiation of disciplinary proceedings against the "erring public servants".
The commission comprising retired Supreme Court judge Justice B S Chauhan, retired Allahabad HC judge Justice Shashi Kant Agarwal and former UP Director General of Police K L Gupta also concluded that there was credible evidence that gangster Dubey and his gang were patronised by local police, state revenue and administrative officials, and recommended a probe against "the erring public servants”.
It may be recalled that on July 3, 2020, a police team had gone to Bikru village in Kanpur to arrest Dubey had come under heavy gunfire from rooftops near the gangster’s home. Eight policemen, including Deputy Superintendent of Police Devendra Mishra, died in the ambush.
Dubey was killed on July 10, when a police vehicle taking him from Ujjain, from where he was arrested, to Kanpur met with an accident. According to police, Dubey tried to escape and opened fire, and he was killed in retaliatory fire.
The commission in its report states: “Police and revenue officers patronised him and his gang. If any person lodged any complaint against Vikas Dubey or his associates, the complainant was always humiliated by the police. Even if the higher authorities directed to lodge the complaint, the local police dictated the terms.”
The report came down heavily on state apparatus saying, "Investigation in any case lodged against them was never impartial. Sections relating to serious offences were dropped before filing the chargesheet. During the trial, most witnesses turned hostile. Vikas Dubey and his associates got bail orders from the courts easily and quickly as there was no serious opposition by the state authorities and government advocates. State authorities never considered it appropriate to engage a special counsel for his prosecution. The state never moved any application for cancellation of bail or approached the superior court for cancellation of any of the bail orders."
The commission recommended action against those who allegedly colluded with Dubey, "The Commission recommends initiation of disciplinary proceedings against the erring public servants for loss of records, particularly the record of cases relating to Vikas Dubey, after holding a regular inquiry, and pass necessary orders against those found guilty.”
However on Dubey shot from the policeman’s pistol, the report said that police fired at the accused in self-defence, leading to Dubey collapsing, adding the injuries suffered by the policemen could not have been self-inflicted or fabricated.
