The Uttar Pradesh government on Friday told the Supreme Court that gangster Vikas Dubey was killed in a genuine encounter as the policemen accompanying him from Ujjain had no other option but to fire back in self-defence when he tried to escape and attack police on July 10, rejecting the allegations that the incident was a “cooked-up story”.

It pleaded that Dubey was killed in an encounter while trying to escape by taking advantage of the rains when the vehicle bringing him from Ujjain met with an accident.

“The incident of accident was real and not a cooked-up story as the circumstances itself establish the truth. The heavy rains could not be self-generated in an artificial manner. The herd of cattle passing through the road and heavy rain developed the circumstances of accident which were beyond the control of anybody,” the government told the apex court.

In an affidavit filed before the court, it said, “…deceased Vikas Dubey not only had a strong reason and motive to flee away from police custody…but had the capacity, potential and experience of attacking the police personnel and killing them which in fact happened on July 10 when he tried to escape and fired at the police party when prevented.

“The only option available to the escort party, under the circumstances was to fire back in self defence.”

The affidavit had been filed in response to the apex court’s directive seeking the state government’s response on three separate PILs questioning the alleged fake encounter and attempts to destroy the slain gangster’s alleged links with various political bigwigs in the state.

The apex court is expected to take up the matter for further hearing next week.

Chief Justice of India S.A. Bobde had earlier indicated that the court may set up a judicial inquiry into the circumstances leading to the gunning down of eight police personnel by Dubey and the subsequent killing of the gangster and his accomplices by the police.

According to the affidavit, Dubey was a gangster since many decades with 64 cases registered against him for serious offences like murder, dacoity, extortion, etc.

It was submitted that on July 2, Dubey brutally massacred eight policemen, including a deputy superintendent of police, using 90 gang members to surround his house with weapons posted at strategic locations. It was alleged that he brutally chopped of the circle officer’s leg after shooting him dead and mutilated the bodies of other slain policemen.

“The police party subsequently recovered weapons like AK-47, ammunitions, bombs and explosive substance etc plastered on the wall and floors of the deceased Vikas Dubey’s house. “This will clearly demonstrate that a dreaded gangster, who massacred and brutally mutilated bodies of eight policemen to escape while being on parole had all the reasons, motive, object and capacity to escape taking advantage of an accident…” the police said, while pleading that Dubey tried to escape when the vehicle bringing him to Kanpur met with an accident.

According to the state government it had already set up a commission of inquiry headed by a former judge of Allahabad High Court, to probe the encounter.

“For 30 years, Vikas Dubey and his ‘bullet gang’ had created a notorious lair of crime and terror in the State of Uttar Pradesh,” the affidavit said.