The Uttar Pradesh government has informed the Supreme Court that the UP Police fired back at gangster Vikas Dubey in self defence after he tried to escape and that this case is diametrically different from the Hyderabad encounter case.
In an affidavit, the UP government said "The facts of the present case are completely and diametrically different from facts emerging in an incident which took place in Hyderabad." The state government through a four-point chart chalked out the difference between the Hyderabad encounter case and the shootout that killed Dubey.
On July 15, the Supreme Court hinted that it could appoint a committee to inquire into the killing of Dubey and his associates. "We will tell you what we are going to do. This is something we have already done in the Hyderabad matter," said the Chief Justice S.A. Bobde, heading a three-judge bench. The top court had sought a response from the UP government.
The affidavit said the Telangana government has not responded by appointing a judicial commission, but in the Kanpur incident the UP government has constituted a judicial enquiry commission suo moto within days of the incident. "In Kanpur incident the state of UP has also constituted Special Investigation Team to find out the facts regarding the criminals behind the incident and their nexus with other persons", said the affidavit.
The apex court in December 2019, had constituted a three-member commission headed by its former judge Justice V S Sirpurkar, to inquire into "circumstances in which" four men accused of raping and killing a veterinary surgeon in Hyderabad were killed in an "encounter" with police.
According to the UP government, the motive of Dubey was not only to flee but also kill the policemen to create terror in the minds of the people as well as police. "Vikas Dubey and his gang members also brutally cut the Circle Officer's leg after shooting him dead. All the bullets were fired on the police party from point-blank range", said the affidavit.
Justifying the use of JCB, the UP government said, "the police team raided his (Dubey) house and it found large number of deadly weapons, cartridges, bombs, explosives etc were embedded inside the walls, floors, gaps in ceiling of the house and plastered with light mud. In the process of excavating the weapons and explosives from hollow walls of the house, the load bearing capacity of the walls reduced. Building became insecure for further recovery. Hence JCB machine was used for further recovery. In the process of recovery some part of the building collapsed."
The UP government informed the apex court that Dubey brutally massacred 8 policemen using 90 criminals of his gang and then mutilated the bodies. Dubey was serving a life sentence and he was out on parole when this massacre happened on July 2.