Vikas Dubey encounter: Apathy on activists’ part, says probe panel

The three-member inquiry commission gave a clean chit to the UP police over the encounter of gangster Vikas Dubey and his aides, validating the police version of events. The commission however held that there was enough evidence to show that Dubey and his gang had been “patronised” by the local police, revenue and administrative officials.Last year, after the raid on Dubey in Bikhru in Kanpur resulted in the killing of eight policemen by his aides and his eventual encounter days later, the Supreme Court had ordered the constitution of a commission to probe the events. The report prepared by a commission chaired by former Supreme Court judge BS Chauhan was tabled in the legislative assembly on Thursday. The commission said it prepared the report “in absence of any iota of evidence in rebuttal of the police version in any of the incidents involved in the subject matter”. It thus said the enquiry revealed “apathy” on part of the “section of the society” which had raised concerns over the encounter as a violation of human rights, as it said none came forward to assist the commission in the enquiry.

“the evidence relating to sequence of events which ultimately resulted in the death of accused Vikas Dubey do not raise any kind of suspicion or doubt about the genuineness of police version of events,” the commission held. The police had said Dubey was killed in an encounter after he tried to escape following an accident while being brought to Kanpur. Quoting findings of a SIT formed last year to probe collusion, it said 55 police officials and 35 administrative/revenue officials were found to have nexus with Dubey or observed laxity in dealing with him. Recommendations have been made to initiate disciplinary proceedings against them.Describing the effect of the “collusion” between Dubey and the local police, the report said any case lodged against him was not investigated impartially. Serious charges against him were dropped before filing chargesheet. During trial, witnesses would turn hostile and he would also get bail orders quickly in absence of opposition from state authorities and government advocates. Even though he was involved in 64 criminal cases, the state authorities never considered it appropriate to engage a special counsel for his prosecution, nor any application was ever moved or higher court challenged for cancellation of any bail orders, the report said. The commission said some people, including residents of the village had come forward to depose that Dubey had received patronage from leaders from Samajwadi Party and Bahujan Samaj Party, however there was lack of evidence that could point to any particular politician. About the raid itself that turned into a police massacre, the commission observed that it was conducted in a most “unwarranted and casual manner” with most police personnels empty handed or carrying dandas, and none in bulletproof jackets, as they had not expected Dubey to conduct such a “heinous crime”.