The three-member judicial fee, which was shaped on the path of the Supreme Court docket to probe the alleged encounters of gangster Vikas Dubey and 5 others final 12 months, has stated in its report that any investigation towards Dubey and his associates “was by no means neutral” and “there was no critical opposition by the state authorities or the federal government advocates” towards them within the courts.
The Fee additionally stated that 21 recordsdata detailing legal circumstances of Dubey couldn’t be traced regardless of giving officers enough time to find them.
The Fee has concluded in its report that there was sufficient proof that Dubey and his gang had been patronised by native police, income and administrative officers, and really helpful an inquiry towards the “erring public servants”.
The report of the Fee, headed by retired Supreme Court docket choose Justice B S Chauhan, with retired Allahabad Excessive Court docket choose Justice Shashi Kant Agarwal and former UP Director Normal of Police KL Gupta as its members, was tabled by the UP authorities within the Meeting on Thursday.
On July 3 final 12 months, a police staff that had gone to Bikru village in Kanpur to arrest Dubey had come beneath heavy gunfire from rooftops close to the gangster’s house. Eight policemen, together with Deputy Superintendent of Police Devendra Mishra, died within the ambush.
Of the 21 folks named within the FIR, police gunned down six accused, together with Dubey, in alleged encounters over the next weeks. On July 10, Dubey was killed when a police car ferrying him from Ujjain, from the place he was arrested, to Kanpur met with an accident. Police alleged that he tried to flee and opened fireplace, and that he was killed in retaliatory fireplace.
The Fee stated that Dubey and his associates simply and shortly acquired bail from the courts as there was no critical opposition by the state authorities or the federal government advocates.
“Sections referring to critical offences had been dropped earlier than submitting the chargesheet. In the course of the trial, many of the witnesses flip hostile… He (Vikas Dubey) was concerned in 64 legal circumstances, and the State authorities by no means thought-about it acceptable to have interaction a particular counsel for his prosecution. The State by no means moved any software for cancellation of bail or approached the superior court docket for cancellation of any of the bail orders,” the report stated.
“The State had not contested the matter any additional by approaching the Hon’ble Supreme Court docket towards the stated order handed by the Excessive Court docket refusing to grant depart to enchantment,” it added.
The Fee additionally stated that “there may be nothing on report to point out that his (Dubey) circumstances had ever sincerely been contested by the federal government advocates earlier than the Excessive Court docket”.
“In many of the circumstances, the Excessive Court docket had granted interim reduction to Vikas Dubey, staying the proceedings earlier than the subordinate courts in numerous legal circumstances and he remained beneath the safety of such orders for a interval of 13-14 years. The Excessive Court docket granted bail to Vikas Dubey and his associates, primarily on the bottom that he had been acquitted in numerous circumstances with out making any try and know as to beneath what circumstances he had been acquitted and the way and why the witnesses have turned hostile in many of the circumstances,” the report stated.
