Machiavellian style of Encounter and the Story of 15 minutes....

Vikas Dubey, the dreaded gangster is dead. He was encountered by the UP STF few kilometres before reaching Kanpur. To those who don’t know who is Vikas Dubey, well, he was a gangster who rose to fame in 1990s and who was responsible for numerous criminal activities, including murder and land grabbing. It is said that he had strong political connections across all party members including BJP, SP, BSP etc. However, he identified his most closest aid with politician Harikishan Srivastav who, of course , has denied any link with him. He himself had won elections at district level and his wife Richa Dubey at local level in and around 1995-96, a manifestation of "Politicisation of Criminal". The recent clash between police and Dubey's men at Bikru Village near Kanpur when police went to arrest him on 3rd July, resulting in the death of 8 policemen including a DSP had caught media's attention for days and story of Dubey running and escaping run amok.The emotions of the public ran high and they demanded justice for the killed policemen. The recent encounter of the gangster, who was known to go by the name Vikas Pandit must have appeased the public sentiments for a while.

Police encounters are not a new phenomenon. They have been going on even before independence from the British era where it was more commonly and fearlessly followed by the British policemen on the colonial population. All what we have done is just imported the idea, like many others things, as the colonial hangover is still not over. Few months back the encounter killing by the Hyderabad police of the four rapists and killers of a Hyderabad doctor was not the first one and the recent killing of Vikas Dubey by the UP STF will not be the last either.It is just that, in the age of electronics and social media, public sentiments spread like a wildfire, creating a compulsion on the government and authorities to act fast and give results, or….if difficult….create result. The killing of Vikas Dubey could arguably be the justified end of the gangster but what is catching attention is the style of the encounter, the naïve and artificial concocted story of UP police.

Let us see how the story goes....it is said that Vikas Dubey was caught in Ujjain Mahakal Temple by the Ujjain police when he was seen and recognised by some temple shopkeeper. Few hours later team of UP STF arrived and took Vikas Dubey with him. Technically, the UP STF should have asked for ‘Transit Remand’ from the court under the CrPC Section 80 but this was not done. On 8th July, Ujjain SP has said unequivocally that Vikas Dubey was caught and arrested on 8thJuly morning. Now if that was the case then Ujjain police should not have handed over Vikas Dubey to UP STF police without the ‘Transit Remand’. The Ujjain police, however has changed their version mildly and said that there was a bit doubt whether the person they have caught is Vikas Dubey or not and hence he was not shown arrested in paper. The UP police was called for identification of criminal and when he was identified as Vikas Dubey by the UP STF team, he was handed over to them. Hence there was no need of ‘Transit Remand’. What is funny in this story is that pictures of Vikas Dubey was flooded in the media for several days and even those who has not seen him before could identify him after that. But Ujjain police was not sure….well……So the UP STF took Vikas Dubey with them. There were three vehicles. One was Tata Safari, other was XUV 300 and one more. Interestingly media van was also following them. According to some reporters, Vikas Dubey was seen sitting in the Tata Safari. After the caravan crossed the Kanpur toll plaza, 2 other van of UP STF joined them. After that, few kilometres inside there was a barricading where the media was stopped and caravan of UP STF went ahead. When asked by different media personnel, the reason, why were they stopped, excuse of COVID-19 was spoon-feeded but it was stodgy and hence difficult to digest.About 15 minutes later the barricade was removed and the media personnel were allowed to go. Few kilometres inside, the media was shocked to know that the one of the van XUV 300 was toppled and it was said by UP police that driver who was driving fast had to apply brakes as the buffaloes crossed by and the van skitted for 50-60m before toppling. It was raining, the roads where wet with some splashes of mud everywhere. However, the toppled van magically survived an inch of damage and there was not even a sprinkle of mud on the van. In this 15 minute window where media was stopped, the deed was done.
The UP Police version of the story goes by: the van was toppled, then Vikas Dubey snatched the gun from one of the Policemen and tried to run and was killed in cross fire exchange. However, even then Vikas Dubey was not dead and he was brought to the hospital again in the Tata Safari. So how did the XUV300 vehicle come into the picture. Another question is if he was trying to escape and firing back, why there wasn’t a single bullet in his back. Post-mortem report say that one bullet was found in his hand and three on his chest from a close by range. Of course this version of UP police was not only naïve and childish but dull and stodgy as well. Well the Press Conference of Prashant Kumar, UP ADG Law and Order where he said that “Aath policewalo ki sahadad bekar nahi jayegi aur jisne bhi yeh kiya hain who pachtayega, aur yeh ek nazeer hoga” speaks volumes of how the plan was already created before and executed on 9th July. lso another very important and pertinent question is that how Vikas Dubey was able to snatch gun from the UP STF who are well trained and could run a few distance wobbling as had already been shot at in some previous incident. Well lots of question are yet to be answered. But perhaps the public sentiments is largely in favor of the police and so they might have a narrow escape.

Many will argue that a just punishment was meted out to the criminal and it was the right action taken by the police. Some or few might be opposed to that. Looking from an impartial prism, though this action is not going to set the precedent, however, in this age of social media and electronics media, where the sentiments come like a tsunami, the actions of the authorities should not be seen as the one taken under the current of the tsunami of the public sentiments.
Perhaps it could be argued that if taken to court and then given capital punishment, would have been the more lawful way of meting out the justice. However, this type of encounter where the "ends justifies the means," is quite a reflection of the views of the 15th-16th century Italian philosopher Niccolò Machiavelli where he said that state should be run with authority and fear over love and end justifies the mean. However, the court should also take the blame for some of this, as they are too slow and imperfect in giving out the justice and hence, the demand for fast and instantaneous justice has become a new trend. However, such type of action can have serious consequences. Suppose say, that encounter by the police becomes a norm and nobody questions the police, it is possible that anybody can be framed by dolling out the money and charges can be fabricated and then encountered. Hope, it will not go this way, otherwise there will be chaos and ‘jungle raaz’.

To ensure that such fabricated encounters does not become normal routine affairs, drastic reform should have to be made in the criminal justice system with focus on fast track court, justice within a targeted time, more reformed and transparent way of selection in judiciary, full focus on independence of judiciary with no political interference etc.

Well, now that the criminal is dead and perhaps rightly so, one need to ask the questions, what about those who were politically connected with him and also abetting him in his crime. If those well connected government officials and politicians went unheed, this will not stop here, and in no time another Vikas Dubey will prop up. Hence, it is important that that those connected with Vikas Dubey be thoroughly investigated and one who were abetting him in his crime be given just and appropriate punishment.

The four pillars of our democracy: the legislature, the executive, the judiciary, and the media should play their rightful role in the successful functioning of our democracy. Media should not play a role in creating or spreading the public sentiments while the executive of which law & order is an important arm should not take the role of a judiciary. While the legislature should not interfere and meddle in the affairs of the judiciary as well. Proper function of each of this institution is necessary to ensure that India does not moves towards the medieval era of monarchy or the authoritarian regime or the jungle raaz.
It is night and I m putting my pen down...