The People’s Union for Civil Liberties (PUCL) has moved an application in the Supreme Court related to another horrific encounter done by the UP Police on 10th July, 2020 in Kanpur. The application is moved in a 2018 criminal writ petition moved by the organization, seeking CBI/SIT inquiry into thousands of police encounters that have taken place in the state of UP over the past few years. (PUCL vs. Union of India & others)
The PUCL has taken up the issue pertaining to police encounters earlier also, as it defies the Rule of Law (i.e. Supremacy of law) and administration of law enforcing machinery in accordance with the Constitution. The landmark judgment in PUCL v. Union of India, (1997) 3 SCC 433 brought out the acts of administrative liquidations taking place in the State of Manipur. Though the State had defended their actions in the response, when judicial inquiry was conducted, the fake encounter committed by the police was exposed. The said case was taken up by the PUCL as it involved gross violation of human and constitutional rights. Similarly, the case of massive encounter killings in Maharashtra, particularly in Mumbai, was taken up by the PUCL and pursuant thereto, extensive guidelines have been laid down in PUCL v. State of Maharashtra, (2014) 10 SCC 635.
In the present case, the Petitioner said that few days back close aides of Vikas Dubey, Prabhat Misra and Amar Dubey, were killed in the similar fashion. The encounter on 10th July has raised many questions against the version of story narrated by the U.P. Police which is against the principle of Rule of Law and administrative liquidation. the States are not following the directions of this Hon’ble Court. The State of UP is flouting the said judgment and indulging in massive encounters with impunity.
Also, the Petitioner has submitted that:
“The police encounter/administrative liquidation is a serious crime- murder/culpable homicide and is an offence against the entire society. If such a crime is committed with the support of the State or where the State condones such an offence, it takes a very serious dimension, questioning the entire Rule of Law and governance in accordance with the Constitution.”
Further, the petitioner stated that the incidents, which have been revealed in the killings of the Vikas Dubey and his associates, are very shocking in particular, keeping in view continuous cases of mass encounters in the State of UP which have taken place from 1.1.2017 onwards.
Furthermore, the Petitioners has prayed Supreme Court to Constitute a Special Investigation Team to investigate into the present encounters of VikasDubey, Amar Dubey and Prabhat Mishra. Also, it is prayed to constitute a committee headed by a retired Supreme Court Judge to enquire into the encounters that have been taking place in the State of Uttar Pradesh and the Criminal Political nexus which has been prevailing in the State.