Is the sanctity of Rule of Law diminishing? Special focus on the Vikas Dubey encounter

Various narratives told to the public concerning the arrest and the death of Vikas Dubey is worrisome and calls for a relook of our democratic values and faith in the executive and the judiciary of the country. As observed by the Chief Justice of India (CJI) ‘It is not only one incident that is at stake. What is at stake is the whole system’. The appalling judiciary, in this case, accepts that somewhere it was a failure of the system that somebody who had committed so many crimes was let out at multiple instances. The CJI observed that it is the State’s duty to uphold to Rule of Law.

What is Rule of Law?

The concept of Rule of Law is that the State is governed based on principles of law and justice as opposed to the arbitrariness of a ruler. The concept in its most fundamental sense is the foundation upon which modern democratic society is founded and seeks to establish.  The Constitution of India intended for our country to be governed by this supremacy of law which means that the legislative and the executive derive their authority from the constitution. This means that law does not only have to be fair but also has to be applied in a just manner. For it to be just, everyone should be treated in the same uniform manner without any discrimination. 

Rule of Law and Extra-Judicial Killings

The killing of Vikas Dubey in an ‘encounter’ like manner can be picturised as a scene picked up from an action movie. He had tried to run away from chasing police officers, the car carrying him overturned, he snatched a police pistol, and was ultimately shot dead by the police. The aim here to not ascertain the truth in any of his charges but to revisit the concept of rule of law and our adherence to it as a country.  

Dubey’s killing has been applauded and celebrated by a large number of people who probably believe that such execution is the only way of ensuring justice. This notion is linked with the belief that the courts in the country are weak, incapable, and ineffective institutions to uphold justice. Dubey was acquitted in various cases by various local courts despite witnesses being testifying against him. Through his article for The Hindu, renowned advocate Prashant Bhushan claims that there is a progressive weakening of people’s faith in the rule of law. This makes us question the conformation to the values with which our democratic State is based on.

Last wake-up call and hope for the democracy

In a landmark case of 2014 (People’s Union for Civil Liberties v. State of Maharashtra), the Supreme Court observed that “the ‘encounter’ philosophy is a criminal philosophy” as it affects the credibility of the rule of law. The killings of Dubey and his aides highlight the alarming trend of extra-judicial killings in the country. The weakening of the rule of law is reflected by a statement made by the current U.P. Chief Minister, Yogi Adityanath, statement of 2017, ‘Agar apradh karenge toh thok diye jayenge (If anyone commits crimes, he will be knocked down)’’.

In his article, Mr. Bhushan argues that this killing is perhaps the last wake-up call for our democracy and the judiciary. If the higher judiciary aims to bring more respect to this rule of law, it must call out this extra-judicial killing. The entire system can be inspected once again and hopefully, the system can come out to be stronger with the Supreme Court constituting an Inquiry Commission in this matter to be headed by a retired Supreme Court judge. With this commission, the State can hope to see the redemption of our sacrosanct Constitution governed by the rule of law and protected by an independent, impartial judiciary.