Vikas Dubey case: Chaubeypur SI KK Sharma moves SC pleading transfer of probe to CBI, alleges threat to his life
Jul 12, 2020
New Delhi [India], July 12 : KK Sharma, sub-inspector at Chaubeypur police station, accused of tipping off the dreaded gangster Vikas Dubey before the raid which led to the death of eight Kanpur police officers, has approached the Supreme Court alleging threat to his life and requesting transfer of probe to Central Bureau of Investigation (CBI).
He urged the top court to transfer the investigation in FIR registered on July 3 at Chaubeypur police station in Kanpur, to the CBI or any other independent investigative agency.
Sharma said he and other police personnel, although not named in the FIR registered on July 3 at Chaubeypur police station, have been arrested in connection with the said FIR.
Sharma along with his wife Vinita Sirohi also sought protection for their lives, saying being a sub-inspector he and his wife are apprehending danger to their life and liberty.
Dubey was killed in an encounter by the Uttar Pradesh Police on Friday after he "attempted to flee".
"The reasons and facts governing the deaths of the accused persons in the present FIR while being in custody of the investigative agencies manifestly proves the fact that the life of Sharma is also not safe who is presently lodged in Mati Jail in Kanpur Dehat," read the plea.
Sharma said he is ready and willing to cooperate with the investigation, however, all interrogation required from him shall take place from Mati Jail.
The petition stated that the "investigation would not be conducted in a lawful, fair, reasonable and transparent manner" since the offences include the alleged killing of eight police personnel belonging to the department of Sharma.
It is further submitted that "the extra judicial killings/encounters of other accused in the present FIR shows volumes of the conduct of the police department of State of Uttar Pradesh. Thus, the Petitioners are seeking protection of their fundamental rights guaranteed under Article 14, 19 and 21 of the Constitution."
The killing/encounters of the accused persons by the investigative agencies appointed by Uttar Pradesh government "is nothing less than commission of heinous crimes by the agencies who are vested with the responsibility of being the custodians of the law", Sharma said in the plea.
It further stated that "muscularity cannot be usurp constitutionality and the rule of law is supreme in the country and every accused has a right to fair trial guaranteed under Article 21 of the Constitution."
"The conduct of Uttar Pradesh government and its agencies have proven that no accused is safe even in their custody and such incident of extra judicial killings of the accused persons have eroded the confidence of the accused as well as the general public from the rule of law and the principles enshrined in the Constitution," read the plea.
