Vikas Dube encounter raised fresh debate

VIJAY SINGH

JUSTICE DELAYED IS JUSTICE DENIED or INSTANT JUSTICE. In this context....the very recent case of  Vikas Dubey encounter is now a fresh debatable topic. Before coming to this encounter case......If you see the proceedings of court cases.... most of them either take  decades of time to conclusion or pending long even for hearing. And sure no one can deny this reality.

 The victims suffer a lot ... mental agony  as well as health and money loss during the long time taking court proceedings.... from lower to the top court. The recent example is Nirbhaya case. The culprits were brought to Justice after almost 8 years of court trial. The police had  faced a lot of criticism  from the media and socialites in this case but they ultimately   succeeded in geting  justice for Nirbhaya and her parent. Nirbhaya's parent expressed faith in the Judiciary although they got a delayed justice.

In another case... the police encounter  of the four culprits  in the rape and murder of a woman in Hyderabad was widely hailed by people from across the country. They welcomed the same police and said that instant justice has been done, otherwise the parent of victim would have to suffer same mental agony facing time taking court proceedings to get justice for their daughter. 

Now come over to Vikas Dubey encounter case.... the police is facing lots of criticism from a section of politicians and media as well. They raise questions over police failure to arrest him... then on his arrest and consequent  encounter. They even claimed that he was encountered in order to supress important informations which he may  spill out if kept alive. Such claims appear rubbish... if you go through the cases of other high profile criminals like Shahabuddin, Surajbhan Singh, Mukhtar Ansari,Raghuraj Pratap Singh. etc... they never spilled out any vital secrets after their arrest and conviction. As per reports ... they rather seem enjoying behind the bar and even manage their nefarious activites.

In the meantime,the UP govt has constituted a one man judicial commission to probe the Vikas Dube encounter in Kanpur on July 10. Retired Judge of Allahabad HC, Justice S K Agrawal to head the inquiry commission.. To be based in Kanpur, the commission will also look into all encounters between the police and members of slain gangsters from July 3 to 10. The commission will submit its report to the state government within two months

 On the other side.... many of the people including former bureaucrats and police officers and those sufferers of Vikas's obnoxious doings ,  praise this police action. But the question is why the police too late in taking action against Vikas ... wanted in over 60 other cases of extortions, murder and kidnapping.

The victims of the dreaded criminal's act of extortion and killing.... were not getting justice either from the police or from the court just because of so called  his strong political connections and informers within the police system and above all the absence of witnesses.  Till then... some politicians and police personels were taking undue advantage from him in the name of protectiing him.... as per reports from various sources.

As soon as  8 UP policemen are brutally killed by Vikas gang, the entire UP police force swung into action....and subsequently STF encountered him near Kanpur while on the  way bringing him back from Ujjain.  It is crystal clear that this police action was vengeful. Although many of us will term this encounter as  Instant Justice. Because it is an arduous task for the police to prove the guilt of the accused in the long run of court proceedings where as it is not difficult to justify the encounter.  The reason is that the Indian Penal Code  doesn’t mention encounter killing, or extra-judicial killing, and  Sections 96 to 106 of the IPC are often taken as enabling provisions to justify an encounter.

Many others perceive this sensational incidence as  Injustice to Vikas Dubey because he was denied his right to prove his innocence in the court but they simultaneously forget the ordeal sufferings of those victims who were either extorted or killed by the dreaded criminal and had to wait several years for justice .

In this context... the opinion of the highest court is very important... which came in the aftermath of the police encounter of four accused in the rape and murder of a woman in Hyderabad. The  last word: Chief Justice of India, SA Bobde, said : “Justice never ought to be instant. Justice must never ever take the form of revenge. I believe justice loses its character when it becomes revenge”.          

**********