Supreme Court on Monday, has directed the Uttar Pradesh government to reconstitute the probe committee in gangster Vikas Dubey’s encounter case. The bench headed by CJI Sharad Arvind Bobde asked the UP government to consider including a retired SC judge and a retired police officer in the probe committee.
“We cannot spare a sitting top court judge to become part of the inquiry committee,” stated the bench and has directed the government to submit its draft resolution with the prescribed changes in inquiry panel by July 22.
While hearing the petitions filed for the apex court to monitor the probe in the Vikas Dubey’s encounter case, SC bench headed by SA Bobde also comprising of Justices A S Bopanna and V Ramasubramanian stated, “We are appalled at the fact that such a person was released on bail. This is a failure of an institution where he was released on bail and did this. We need a report on such bail orders.”
The bench further said, “You as a state have to uphold the rule of law. It is your duty to do so.” The court has also sought UP government’s report on the previous orders passed in the other cases related to Vikas Dubey.
Uttar Pradesh government had submitted filed its affidavit through Solicitor General Tushar Mehta in which it has mentioned that the state has appointed a judicial panel of Justice (retd) Shashi Kant Agarwal, a former high court judge, as a single-member commission of the probe committee to investigate the encounter of gangster Vikas Dubey and his aides.
One of the petitioners has sought top court’s directions to avoid allowing the UP government to select the inquiry panel.
The bench stated, “Are you saying a former Supreme Court judge and former High Court judge are state-sponsored? This attitude of mudslinging at all must stop sometime.”
UP government had constituted a three-member Special Investigation Team (SIT) to investigate the series of criminal offences committed by Vikas Dubey and also the ambush that happened in Kanpur in which eight policemen were killed on July 3.
“The only option available to the escort party, under the circumstances was to fire back in self-defence,” stated UP’s Director General of Police Hitesh Chandra Awasthy in the affidavit submitted.
Besides that, the top officer has also denied that Vikas Dubey’s surrender story and pointed out that the gangster was on run and was identified by the Samiti authorities and police officials of the temple premises.
The affidavit also mentioned that Vikas Dubey was on parole and 65 FIRs had been registered against him. Petitions have been filed alleging Dubey’s encounter to be a fake encounter.
