The plea claimed that encounter of these five co-accused by the police is shocking to the conscience of the court.
New Delhi: Hours before gangster Vikas Dubey was killed in an encounter near Kanpur on Friday, a petition was filed in the Supreme Court seeking a direction to the Uttar Pradesh government and the police to safeguard his life and ensure that he is not killed by the cops.
The plea has also sought registration of an FIR and an apex court monitored probe by the CBI into the encounter of five co-accused, who were alleged to be associated with Dubey in the killing of eight policemen last week.
Eight policemen, including DSP Devendra Mishra, were ambushed in Bikru village in Chaubeypur area of Kanpur when they were going to arrest Dubey and fell to bullets fired from rooftops shortly after midnight on July 3.
Dubey was killed in an encounter this morning when a police vehicle carrying him from Ujjain to Kanpur met with an accident and he tried to escape from the spot in Bhauti area, the police said.
Four policemen, including an inspector posted in Nawabganj, were injured in the accident, IG, Kanpur Range, Mohit Agarwal said.
He was rushed to the hospital where he was declared dead. Dubey was the prime accused in the ambush in which the policemen were killed.
Prior to Dubey's encounter, five of his alleged associated were killed in separate encounters.
The plea, filed in the apex court by advocate Ghanshyam Upadhyay, has referred to media reports and claimed that encounter of these five co-accused by the police is "not only extremely illegal, inhuman, but also it is shocking to the conscience of the court and is nothing but Talibanisation of the country, which cannot be countenanced at all".
"I had done e-filing of the petition at 2 AM and provisional number was also allotted," Upadhyay told PTI over phone.
It has sought direction to the Uttar Pradesh government and police to register FIR for demolition of residential building, vehicles and other properties of Dubey and also regarding encounters of the co-accused.
The plea said the investigation must be transferred to the CBI and the probe agency should be directed to submit its periodical reports before the top court.
"In view of the extremely high handed and illegal action of Uttar Pradesh Government/Police so carried out inasmuch as completely pulling down/demolishing the residential building, shopping mall of accused Vikas Dubey .there is every possibility of even accused Vikas Dubey being killed by Uttar Pradesh Police after his custody being obtained by them from MP police and then concoct a story of encounter .," the plea alleged.
It claimed that killing of accused by police and then "giving the same colour of encounter is extremely inhuman and against the very rule of law and orderly society" and the same cannot be countenanced under any circumstances.
"Though, it cannot be denied the act of the accused of killing eight policemen is extremely heinous crime, yet the accused were/are required to be dealt with in accordance of law and in the process, upon their guilt being proved after full-fledged trial, they could have been convicted even for death sentence .," it said.
It said that FIR should be registered against the concerned policemen and officials involved in demolition of residential building of Dubey and encounter of five co-accused.
The plea said that in India, even criminals like 2008 Mumbai attack case accused Ajmal Kasab and those involved in the 1993 Mumbai serial bomb blasts were given complete opportunity to defend themselves during the trial and appeal up to the apex court.
"Time has come when this court being ultimate custodian of law and Constitution, under which the country needs to be ruled/governed, needs to take serious view of the matter or else, a time will come when there will be only police raj in this country, which cannot be countenanced," it said.
It claimed that emergence of people like Dubey is a glaring example of "corruption in police department and law enforcing machineries".
Referring to media report, it alleged that Dubey had blessing of politicians of various political parties and had deep connection with police department.
While on July 3, two of his alleged associates, Prem Prakash Pandey and Atul Dubey, were killed by police in an encounter in Kanpur, on July 8 the police killed, Amar Dubey, who carried a reward of Rs 50,000, in Maudaha village in Hamirpur district.
On July 9, two more alleged aides -- Kartikeya alias Prabhat and Praveen alias Bauwa Dubey -- were killed in separate encounters in Kanpur and Etawah districts.