Did Justice die thousand Deaths in case of Vikas Dubey

Nandini Tripathy

Aug. 07, 2020

Gangster Vikas Dubey’s death represents the failures of Uttar Pradesh Police – not its success. The deaths of eight police personnel could only have been properly ‘avenged’ by upholding the law and holding Dubey accountable in court.

Introduction

After 8 police employees were killed attempting to arrest gangster Vikas Dubey in Kanpur on July 3, few expected the crook to be stuck alive. There was little faith that the Uttar Pradesh Police under Chief Minister Adityanath could clearly observe the law. So, when Dubey changed into arrested in Ujjain, Madhya Pradesh on Thursday, it got here as an good-sized surprise. Sure sufficient, soon after the politically connected Dubey became exceeded over to the Uttar Pradesh Special Task Force, he has been killed in custody. The professional line is that he attempted to break out when one of the motors escorting him back to Uttar Pradesh had an accident and was killed in an “encounter”, the Indian euphemism for an additional-judicial murder by the police. For the sake of argument, let us take the claims of the Uttar Pradesh Police at face value. Their activity, once Dubey turned into in their custody, turned into to move him returned to their jurisdiction after which keep him responsible in a courtroom of law for the long list of crimes for which he has been booked. Instead, the police have been not able to handle the easy task of transferring him adequately from Ujjain to Kanpur. On this matter, it is miles clean that the police have absolutely failed.
It has not given investigators and the courts the possibility to interrogate and prosecute Dubey in a manner that would monitor the various networks involving politicians and the police pressure which have allowed him to carry out his crook pastime a lot of these years. Take the alternative interpretation, the only maximum Indians will consider is greater accurate: that Dubey was killed in a revenge homicide by the police. India is not any stranger to such more-judicial killings, which are cheered on via many human beings and glorified inside the films. Do such movements make us more secure and offer real justice? They emerge out of a loss of religion inside the judiciary because many consider that the courts will not provide well timed justice. Besides, they encourage arbitrary behaviour from the police. If police personnel are not fettered by using the regulation, they may abuse their strength – as we've got witnessed in the bad custodial loss of life case in Tamil Nadu last fortnight and in any wide variety of incidents in Adityanath’s Uttar Pradesh.

Former Indian Police Service officer NC Asthana explained how the expectancy that the Uttar Pradesh Police are much more likely to attempt greater-judicial killings does no longer result in justice however definitely results in extra violence – as we noticed in the killing of 8 police personnel by using the Dubey gang.“If Dubey did kill as many as 8 police personnel, it glaringly manner that he may have virtually believed that the police birthday celebration had paid a go to not to arrest him however to get rid of him in an come across. With the difficult arrangements that they made for the ambush; it appears that starting fire on the police turned into not an act of reckless bravado. He did it deliberately.It would observe that the culture of ‘encounters’ that has been so assiduously constructed up by way of the UP police as a way of fighting crime can show to be horrendously counter-efficient.”No be counted which model you believe – that the police turned into stuck unprepared via a avenue accident that brought about a shootout or that it intentionally ensured Dubey could no longer reach Uttar Pradesh alive – the authorities have failed the cause of justice.

Facts of the Vikas Dubey Encounter Case
UP gangster and the main accused in the killing of eight police personnel at Kanpur, Vikas Dubey, was killed in a police officer come across Friday morning. According to UP Police, the Uttar Pradesh Special Task Force (STF) changed into bringing Dubey back to Kanpur from Ujjain, where he had surrendered, whilst he allegedly tried to escape. Mohit Agarwal, Inspector General, Kanpur Range, confirmed the gangster’s death. “Gangster Vikas Dubey was killed in an come upon while he tried to escape after a road twist of fate,” IG Agarwal stated. “Gangster Vikas Dubey tried to escape after the auto overturned,” said the Kanpur Superintendent of Police (West) Anil Kumar. “Police attempted to make him surrender but he fired on the policemen. He changed into injured in retaliatory firing by police.” Kumar brought that Dubey became later admitted to a sanatorium in which he died. The competition in UP, however, has begun elevating questions on what they declare is a ‘police stumble upon’. Senior Congress leader Priyanka Gandhi Vadra hinted at a cover-up whilst celebration colleagueJitin Prasada tweeted that people anticipate justice and not revenge from the government. Former chief minister and Samajwadi Party leader Akhilesh Yadav also accused the government of a cowl up.

Notorious gangster Vikas Dubey has been killed in an ‘come across’. According to reports, a vehicle in the convoy that become taking him from Ujjain to Kanpur overturned on Friday morning. The gangster snatched a pistol from an injured policeman and fired at the police. The police retaliated, killing him.The superintendent of police, Kanpur west, instructed newshounds that the police birthday party requested Dubey to give up. The gangster refused and fired at the police birthday party, and then the police opened retaliatory firing wherein Dubey was injured. He was delivered to a clinic, in which he died. It is but unclear if the gangster became useless on arrival at the health centre or died there.Dubey, who has extra than 60 cases registered in opposition to him, had killed 8 police officers – which includes a deputy superintendent – in Bikru village of Kanpur on July three. He turned into at the run for nearly week before his arrest on the Mahakal temple in Ujjain, Madhya Pradesh on Thursday.

Five friends of the gangster have been also killed by the Uttar Pradesh police in exclusive encounters because of Uttar Pradesh leader minister Yogi Adityanath’s stated coverage to kill criminals in encounters, civil society businesses had expressed subject that the gangster can be ‘eliminated’. While some quarters have said the killing subverts the prison procedure, it's also being welcomed in other quarters.A petition had even been filed the day earlier than within the Supreme Court, in search of protection for the gangster. Lawyer Ghanshyam Upadhyay especially said in his petition that Dubey can be killed in an come across.Former pinnacle cop N.C. Asthana said the come across confirms a ‘cowl up’. On Thursday, he said that police are alleged to “secure their guns via lanyards to prevent snatching” whilst in transit with suspects or prisoners. Dangerous criminals must also be handcuffed, he stated.Though he become worried in lots of crimes, Dubey is stated to have had the backing of numerous political events within the beyond many years. His clout changed into evident in 2001, whilst he killed a BJP chief in a police station, but Dubey was acquitted when all the witnesses inside the police station became opposed all through the trial.

Movement of motors stopped
It was suggested that simply earlier than the ‘come upon’, the motion of motors near the convoy turned into constrained, raising suspicion that the incident may additionally have been staged.A group from the channel have been following the convoy that turned into taking Dubey from Ujjain to Kanpur. According to the file, at around 6:32 am, the STF team entered Kanpur. All other motors had been abruptly blocked with the aid of the police, who barricaded the road, the report said.After the automobile that the AajTak newshounds have been in become checked, it was allowed to proceed. But via then, one car inside the convoy had already overturned and the ‘come upon’ had took place, the document says. The group reached the spot at7:12 am, the report says.Other reporters also suggested that the motion of cars was blocked earlier than the stumble upon.

Opposition events criticise the government
Opposition events have criticised the stumble upon, pronouncing the gangster was killed to shield politicians with whom he had collaborated. Samajwadi Party chief Akhilesh Yadav said that the toppling of the government became averted by way of silence Dubey and the ‘secrets and techniques’ he held.Priyanka Gandhi, the Congress in-rate for UP, stated the ‘crook has been killed’ but individuals who included him are nonetheless secure.Gangster’s son, wife arrestedHours after the gangster’s arrest in Ujjain, Dubey’s spouse, son, and a staffer have been also apprehended by using the Uttar Pradesh STF in Lucknow on Thursday night. Richa Dubey become arrested from her Krishna Nagar residence on Thursday night-time via a crew of the Special Task Force (STF) on expenses of harbouring the gangster and conniving with him.“Vikas Dubey’s wife is being wondered to elicit information approximately the information regarding the occasions involving ambush of the police team in Kanpur, a police spokesman stated.She is allegedly part of the conspiracy that brought about the killing of eight policemen at Bikru village.
Analysis of Justice delivered

Coming barely six months after the killing of 4 gangrape accused in the Hyderabad vet case, the ‘stumble upon’ of surrendered Kanpur gangster Vikas Dubey indicates a worrisome sample.In both cases, after an awful lot of media glare, the police seemed to send out a message that the guideline of regulation become passé. Most observers noticed the police bills of the encounters as not credible.One can also say that stumble upon killings and custodial deaths have usually been a fact, and those are part of a fundamental hassle with policing in India. Some additionally argue – strangely sufficient – that the sluggish pace of justice delivery come what may legitimises such acts.However, there are palpable signs and symptoms of a spoil with the past. And those hinge on the critical precept on which the contemporary country stands legitimacy.To summarise my centre argument, while governments until a few years again sought to protect their recognition in excessive-profile instances below the media glare – fearing that people would see them as excessive-handed otherwise – the cutting-edge sample is to brazen it out and show residents that the hard nation does not care for the guideline of regulation.Let me provide an explanation for the shift from a historical attitude. Unlike pre-cutting-edge states, which sought legitimacy from faith, current states in the international have drawn legitimacy in the call of the humans.

As thinkers like Antonio Gramsci and Louis Althusser have stated, the contemporary state has not only a coercive however also an ideological, or hegemonic, apparatus that seeks to convince humans of the critical goodness of the kingdom.This became to an extent real even of British Rule because the colonisers claimed to be a “civilising” presence in India.The present-day nation has always claimed to uphold the rule of regulation as a break with the arbitrary manner in which pre-modern-day monarchs functioned. It is assumed that the nation will guard the rights of all and that any curtailment of existence and liberty for offences devoted might be as according to laws and methods.The cutting-edge country has always claimed to uphold the rule of thumb of regulation as a spoil with the arbitrary way wherein pre-cutting-edge monarchs functioned.

It is not that this normative promise has usually been fulfilled. There have been umpteen instances of the coercive strength of the nation getting used to annoy the inclined on the floor.However, what defines the contemporary nation is its try to be seen as procedurally honest whilst a crime catches public attention. For, right here, the legitimacy of the nation in the eyes of the people – its truthful play and justice – is put to check.This turned into authentic even of the exploitative colonial nation in India, however not so in the Dubey stumble upon killing case or the Telangana gangrape case.When an anti-colonial activist captured the creativeness of the humans, the colonial country attempted to seem procedurally fair. The mythical freedom fighter Bhagat Singh changed into positioned to trial after his arrest and then executed. Even the Indian National Army war veterans were placed to trial on the Red Fort.

Post-independence, Nathuram Godse become given a truthful trial in the Mahatma Gandhi assassination case and now not killed at once after his arrest.India noticed high ministers – Indira Gandhi and Rajiv Gandhi – being assassinated. In the former case, Mrs Gandhi’s killers Satwant Singh and Kehar Singh underwent a trial earlier than being performed 5 years after the assassination. The Rajiv Gandhi assassination case of 1991 has dragged on endlessly.The infamous criminals Ranga (Kuldeep Singh) and Billa (Jasbir Singh) have been also tried and sentenced to demise, in 1982, for the sadistic torture and killing of Geeta and Sanjay Chopra, the teenaged children of a senior naval officer, in 1978.In this experience, criminal justice in excessive-profile instances – which have been public understanding – marked a continuity from colonial to impartial India.
One super exception turned into the loss of life of dacoit Sunder in police custody throughout the Emergency. It was suspected that he became killed through the police on a abandoned bridge. Soon enough, but there was a CBI probe and lots of officers of the Delhi Police – which include DIG P.S. Bhinder – have been arrested.In cases that do not turn out to be public information, it's far known that police have frequently been excessive passed. There had been “come upon professionals” like Rajbir Singh and Daya Nayak who had been often accused of fake encounters. However, these instances were given pronounced after the killing.
The mass media flip
The upward thrust of the mass media about 20-25 years in the past led to a prime trade. It redefined what changed into “excessive-profile”. The very nature of television – in which editors accompanied other channels and at once alerted their reporters approximately what a rival channel was jogging – caused a alternate in the meaning of prominence.
A outstanding event on my own was no longer information.

An unknown toddler falling in a properly could emerge as a huge tale if maximum channels accompanied it. Anna Hazare, a Maharashtra activist now not even recognized in Delhi, all at once swept the metropolis as if he were every other Gandhi because many channels projected him as such.In the world of crime too, the which means of “excessive-profile” started out to trade, with the country taking cues from the media as to which “information” it needed to control properly.The A.B. Vajpayee authorities and the Manmohan Singh government sought to modify to the mediatised which means of excessive-profile information, frequently performing in panic to store their popularity.In Vajpayee’s time, BJP president Bangaru Laxman lost his job after a news story accused him of accepting “bribes”. Manmohan Singh as prime minister bore the overall brunt of the Anna movement and parliament turned into convened to speak about the Lokpal demand of the difficult to understand activist.The Delhi gangrape case of 2012 became unparalleled. As crowds choked key places of the capital, the accused have been promptly put on trial or even rape laws had been modified.The state changed into, as a consequence, now in search of to guard its reputation via responding to the news cycle and seeking to be visible as truthful. However, the UPA government did not persuade humans and was voted out of electricity.The simplest context wherein the country could appear to be brazen even underneath media glare changed into in bothered zones like Kashmir, as citizens out of doors those zones have visible them as a “hassle” for the kingdom.
The latest shift

The final six years have seen a sluggish shift in how the legitimacy of the kingdom is constituted. Ironically, a current nation is pushing the concept that institutional niceties are lazy and at risk of misuse and searching for to connect directly with the humans in methods that undermine establishments. This is often done via the discourse of a sturdy leader with an instantaneous connect with the hundreds, with intermediate institutional structures dropping their legitimacy. This, in different phrases, is the discourse of the “hero” and “saviour”.The cause for the shift can be a populist temper generated in the past few years that blamed an elite that dominated democratic establishments for the aspirations of the masses not being fulfilled.
The Telangana encounter – an instance in which the police regarded to keep in mind that human beings have been seeing the legal system not as an resource however as an obstacle to justice – saw the gangrape accused being shot in a way that made maximum suspect that it become a staged come across. They had been already in police custody and had been taken to the scene of the crime and shot useless after they allegedly attempted to snatch the guns of the police. The next day, TV channels celebrated the extra-judicial killing as justice and showed people celebrating it. This become something very exclusive from what were visible after the Nirbhaya gangrape case.The encounter of Vikas Dubey – who had gunned down 8 policemen – is seen with the aid of many as even extra brazen. As a hardened criminal, Dubey had to be put to trial to discover who his customers inside the machine were. After all, he had been thriving as a gangster in spite of murdering UP minister Santosh Shukla in the wide daytime in a police station.Anticipating an stumble upon, Dubey escaped and turned into arrested at the Mahakal temple in Ujjain. The public ‘give up’ before the media, he possibly notion, might hold him safe and he would need to undergo a trial. However, as soon as he turned into surpassed over to the UP police, he changed into killed in a dramatically ‘encounter’, stopping media motors simply at a distance in which the stumble upon became viable. The police claimed that he tried to snatch a gun and fireplace at them. Most trust that the police should have captured him alive, as he become by me and unarmed.
The new legitimacy

There are signs state authorities are no longer attractive to people on the basis of a claim to institutional and procedural equity, something that marked the cutting-edge kingdom as unique from others over a century.Legitimacy is now more and more being sought from human beings on the premise of state functionaries’ perceived ability to undermine institutions, that are being seen as impediments to justice.In each these cases, the notion amongst a segment of residents is that the accused had been prevented from dealing with trial through the police in an attempt to ensure justice is neither not on time nor denied. This, certainly, is an inversion of the very promise of the cutting-edge nation.In the Lokpal debate, the Hazare camp had again and again claimed that the police subvert the technique of regulation with the aid of intentionally submitting a weak charge sheet in high-profile instances in order that the courts reject it. The claim become that law become being undermined even at the same time as preserving a facade of it.That segment seems to be over. Now, it is far the public celebration of the perceived pre-empting of a judicial technique that is seen as justice. Here, the police are also visible by using many citizens because the judge and executioner, albeit without an ordeal.