Other States

Mumbai lawyer writes to CJI for CBI probe into Dubey death

He urged the court to take suo moto cognizance against U.P. government and police and requests for judicial review in the extra judicial killing of Dubey.

An advocate practising at the Bombay High Court Atalbihari Dubey has written to the Chief Justice of India requesting him to take suo motu cognisance of the fake encounter of Vikas Dubey and direct the Central Bureau of Investigation (CBI) to take over the investigation.

Mr. Dubey said, “While watching news I came to know that Uttar Pradesh police encountered accused Vikas Dubey as he was allegedly trying to escape after snatching gun from police. However, when police asked him to surrender he allegedly shot at police. Therefore, he was killed.”

The letter states, “I am totally against the crime done by Dubey and other accused. It was an apprehension that Dubey was going to be killed by U.P. police as they have done same act with other accused in Kanpur Police murder case.”

He refers to Article 39A of the Indian Constitution — the State shall secure that the operation of the legal system promotes justice, on a basis of equal opportunity, and shall, in particular, provide free legal aid.

The letter adds, “There is no provision in Indian law which directly authorises the Police to kill an accused mercilessly by creating such type of scene. Police is not above the law and cannot take law into their hand. The story of police always supported by them that act of was done in self-defence.“

The five page letter says, “The apex court has painfully observed in its orders that police cannot violate the fundamental rights of the accused by killing them in shield of self-defence. It is not duty of police officer to kill the accused merely because he is criminal. Police have to only arrest the accused and put them up for trial. However, here in Dubey's matter police arrested him and gave a punishment on their own.”

He urged the court to take suo moto cognizance against U.P. government and police and requests for judicial review in the extra judicial killing of Dubey and request the court to direct CBI to register and FIR against all the police personal under Section 302 (punishment for murder) and other sections and other responsible person who involved in this incident.

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Printable version | Aug 5, 2020 5:21:05 PM | https://www.thehindu.com/news/national/other-states/mumbai-lawyer-writes-to-cji-for-cbi-probe-into-dubey-death/article32046449.ece

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