In what legal way was Vikas Dubey's house demolished in Kanpur?

Posted on 6th Jul 2020 by rohit kumar

After the painful death of eight policemen during an encounter in Bikaru village in Kanpur, dozens of police teams have been pressed in search of Chief accused Vikas Dubey, hundreds of phone numbers have been put on surveillance and many more have been detained. Police have not yet got the clue of Vikas Dubey.A day after the incident, on Saturday itself, the police converted Bikaru village into a camp and any outsider's entry into the village was banned.

 

In the afternoon, the entire house was demolished after the people present in their luxurious houses were taken out.Not only this, but many expensive vehicles parked outside the house were also destroyed. The same JCB machine was used in this demolition, which allegedly prevented the path of the police team coming to arrest Vikas Dubey on Thursday night.

On what basis was the housebroken?

Why was this ancestral house of Vikas Dubey demolished, was the house built illegally, is the house in the name of Vikas Dubey and before that he was given a legal notice, was there any court order to break it, Are there any legal provisions to break the house, such questions have started to arise since then?On social media too, there are a lot of questions and questions are being asked not only from Kanpur district administration and police but also from the government.

To know the reason for the demolition of the house, several attempts were made to contact the District Collector and Senior Superintendent of Police, Kanpur, but could not get any information from them.

 

Kanpur division commissioner Sudhir Bobde only told about this, "The matter of taking possession of the land of the gram sabha has come to light. The SDM has given its report to the DM. The remaining information can be given only after seeing the report. "

The district administration probably does not have any strong reason as to why the house was demolished, hence the authorities are hesitant to answer.

 

What does the law say?

According to the legal experts, there is no such provision in the law in which the house of any accused or convicted criminal should be demolished.

Dr. Vibhuti Narayan Rai, a retired IPS officer who has held several important posts in Uttar Pradesh, says, "It is a grossly irresponsible act. It is not written in any law that if there is a criminal, then you demolish his house, break the vehicles." Give. Even if the accused is proved guilty, you cannot do it. Even the terrorist is not treated like this. "

 

"To my knowledge, this has never happened to date. Yes, if the attachment is ordered by the court, then surely movable properties are confiscated. In that case, many times the windows and doors of the house are broken because in the court they walk Property is shown. In the guise of them, the wall is also dropped many times but the whole house should be demolished, such action is not taken. "

Doctor Rai says that no one has gone to court in this case but if gone, a very serious case can be made. He says that the government must have given instructions for this action, it is not possible at the district administration level.

After the encounter incident, Chief Minister Yogi Adityanath went to Kanpur to meet the injured policemen and instructed them to take strict action against the accused legally but the extent of this strictness was not clear.The Chief Minister has asked ADG law and order Prashant Kumar to remain in Kanpur until Vikas Dubey comes under police arrest.

Not only Vibhuti Narayan Rai but many senior police officers posted in the state also admit that they have not seen such action till now.In the opinion of legal experts, it cannot be called a legal action from anywhere.

'The law does not say to act in retaliation'

AQ Zaidi, Senior Advocate at Allahabad High Court says, "There is a procedure of crime. Restricted goods are found somewhere like in cases of narcotics, etc. They are destroyed after a court order but in retaliation. No law is called, no matter how wicked a crime has been committed. "

Advocate Zaidi says that he does not see any legal ground for this action of Kanpur district administration.

He says, "The legal process is to arrest, recover the property if it has been damaged, but the law does not give the right to damage or destroy property. No procedure can be illegal in Hindustan."

On Saturday, a team of Kanpur district administration reached Bikaru village and demolished Vikas Dubey's house.Besides demolishing the house, the luxury cars of Vikas were also destroyed by JCB. Along with this, every single thing of the house was destroyed along with tractors and other vehicles.

Although according to the law experts, in this action of the administration, all the evidence can also be grounded, but the administration claims that it has gathered all the evidence from the spot.It is being told that after Kanpur, preparations are being made to demolish Vikas Dubey's house in Lucknow.

Vikas Dubey's father and one of his domestic helpers live in a house in Bikaru village in Kanpur. Vikas Dubey's father and servant have been taken into custody by the police and the servant's wife has moved to another place with her two children.

What message will the action take?

Senior journalist Siddharth Kahans in Lucknow says that this action of the government aims to give a message to the people only and that they cannot tolerate such criminal activity.

He says, "The government is not able to stop crime. Everyone knows this. CAA failed to stop the violence even during the demonstrations but then tried to send a message that we are taking big action. Putting up posters to humiliate people." Tried. "

"To hide his failure, he seems more inclined to discuss such a path which is being discussed in the general public. Instead of telling who is going to support the massacre done by Vikas Dubey, he is being distracted by issues. Cheap is a venture to gain popularity and the government is doing the same in every case. "

 

According to Siddharth Gehan, "It seems to me that since this government came up with slogans like Fearless State, Zero Tolerance and the Chief Minister tried to create his image. That image is constantly getting fragmented. It has happened but when it has remained illegal. Such an incident has never happened, to my knowledge that without any court order, without any legal process, someone's house should be demolished. "

Was the process illegal?

Advocate A.Q. Zaidi says that there is also a process of attachment and under that, the house is not demolished but only the property is seized and after the presence of the accused, the property can be returned.

 

Zaidi explains the process in this way, "Criminal Procedure Code i.e. CRPC has provision for attachment which aims to force an accused to be brought to court."

"Under this, first summons is sent directly to the accused, if a summons is not followed then the warrant is issued through the police and after that attachment is made 82-83. In this it is announced that in the court you If not presented, the property will be attached. "

Zaidi says that the process of recovery or property seizure is under law, but the process of destroying property is nowhere, it is completely illegal.