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“This is not an unknown phenomenon that there are policemen, maybe very few in numbers, who show their loyalty more to such gangster than to their department,” observed Allahabad High Court today while rejecting bail application of two police personals allegedly involved in the "Bikaru Kand" of Kanpur which ultimately led to Vikas Dubey’s encounter.

The Bench of Justice Pradeep Kumar Srivastava said,

“Such policemen tarnish the image, name and fame of police and it is necessary that suspicious police personnel should be taken to task and their conduct should be regularly monitored for which a mechanism should be evolved, and if it exists already, the same should be geared up at different levels.”

Noting that the court is not oblivious about the fact that the release on bail is crucial to the accused as the consequences of pre-trial detention are grave, Court said,

“But, if the accused is involved in a conspiracy for commission of a heinous offence by a hardened criminal, his release on bail will give him an opportunity to abscond or temper with witnesses.”

Court also observed that against such crime, social reaction is also sharp, therefore, a balance has to be maintained between the individual liberty and the requirements of the society.

The court was hearing bail applications of suspended Sub Inspector Krishna Kumar Sharma and Station Officer Vinay Kumar Tiwari.

On July 3, 2020, around midnight, police forces of three police stations tried to raid the residence of Vikas Dubey, a notorious gangster, where the police parties were countered by Vikas Dubey and member of his gang in a very planned way and 8 police personnels including Circle Officer of the area were brutally killed and several police personnels sustained serious firearms injuries.

The bail-applicant police officers are accused of being in collusion with the gangster and his associates as it is alleged that under a conspiracy, they leaked information of police raid to Vikas’s gang and gave him opportunity to remain in preparedness and did not render due support to police personnel.

Court took note of the statements recorded by the Investigating officer which states that SI Krishna Kumar Sharma and SO Vinay Kumar Tiwari were closely related with accused Vikas Dubey and prior to the incident, SI talked with Vikas Dubey for 20 minutes on mobile.

“Constable Rajeev Kumar has also stated that these police officers (accused-applicants) were conspired with accused Vikas Dubey to humiliate and give lesson to CO Bilhour out of jealous and bad relationship,” Court noted.

Court also took note of the State’s submission that on being arrested, gangster Vikas Dubey gave statement to the IO revealing that the accused applicants used to give prior information of police activities and on the date of incident also he was informed about the police raid.

Therefore, stating that this case raises certain serious questions which relate to administration of criminal justice system in the country with reference to organized crime and criminals and the role and efficiency of police force in combating the problem, court rejected both the bail applications.

While rejecting the applications court made several significant remarks regarding the prevalent conditions in which the police has to perform. Some of the observations are:

1. Court said that like other departments, there has been a general fall and deterioration in the standard of functioning of the police force also. With time, it has been seen that the police force, not as a whole, but in small groups, has gone through a phase of moral and professional deterioration.
    
2. Court added that there are black sheep also in the police force and they reflect upon the whole department which has led to growing concern, and a number of attempts have been made to mend this situation.
    
3. In this direction, the past few years have been particularly eventful, with a number of positive developments having taken place towards a solution of the problem and the state appears to have observed zero tolerance policy towards organized crime and criminals, court noted.
    
4. However, court added that the police force faces some real difficulty in combating with organized crime and criminal activities. The police personnels are mostly not provided with that kind of sophisticated arms which are available in plenty to the gangsters and their gang members.
    
5. Court further said that crime, corruption and population are three major problems the society is facing at present. While against crime and corruption, particularly when it is organized crime and corruption, strict state action and intervention is necessary to restrict and minimize the same to maximum extent.
    
6. Against crime and corruption, the State must continue with the policy of zero tolerance, court stated.

Court also made remarks about the political parties’ role in letting the criminals flourish under their umbrella. Court said:

• The political parties should rise above board against crime and corruption without being influenced by consideration of “his man” and “our man” as this approach will not only undermine rule of law but will also damage the democratic set up of the nation.
   
• There is a concerning trend that one or other political party welcomes gangsters and criminals involved in organized crime in the party and try to back and protect them, painting and spreading an imaginary image of Robinhood.
   
• They are given tickets to contest elections and sometimes they win also. This trend needs to be stopped as soon as possible.
   
• All the political parties should sit and together a decision is required to be taken by them that gangsters and criminals will be discouraged in politics and no political party will give ticket to them in public elections.

“The political parties should rise to the occasion and must guide themselves keeping in view that there cannot be a concept of “my criminal” and “his criminal” or “my man” and “his man,” as a gangster is gangster only and is required to be condemned from all corners and even people/voters should also take note of it while making their choice for a candidate in a general election,” Court said.

CaseTitle: Vinay Kumar Tiwari v. State of UP and K. K. Sharma v. State of UP

Access Copy of Order Here