The Uttar Pradesh Government, following the insistence of the Supreme Court, today agreed to include a retired judge of the Supreme Court to head a judicial commission to investigate into encounter killings of gagster Vikash Dubey and his five associate.
A three-judge bench headed by the Chief Justice of India (CJI) S A Bobde asked the Solicitor General (SG) Tushar Mehta who appeared for the UP Government to place before it a draft notification reconstituting a judicial commission to the above effect.
The bench added it would peruse the draft notification and issue the necessary orders on July 22.
The court also expressed its dismay at the fact that Vikash Dubey who was accused in multiple heinous crimes was released on bail. This, the CJI said, is a failure of an institution. The CJI orally asked for a detailed report on the bail orders in Dubey’s cases.
Senior advocate Harish Salve appearing for the Director General of Police (DGP), UP, resisted the inclusion of a retired a judge of the top court in the judicial commission. He submitted “this is not a case that merits a judicial intervention or a committee with judicial officers. Such an enquiry would also demoralise the police force”.
Unimpressed with the argument, CJI Bobde remarked, “By this enquiry, rule of law will only strengthen and not demoralise the forces”.
These directions followed on a batch of PILs seeking a judicial inquiry into the encounter killings of Vikash Dubey and his five associates. The court said the application filed by People’s Union for Civil Liberties (PUCL) seeking a Special Investigation Team (SIT) probe into the encounters of Vikas Dubey and his associates Amar Dubey and Prabhat Mishra to be heard separately after four weeks.
In its application, PUCL also sought a constitution of a committee headed by a retired Supreme Court Judge to enquire into the encounters that have been taking place in the State of Uttar Pradesh and the “Criminal Political nexus, which has been prevailing”, in the State.
Earlier, the UP Government had filed an affidavit in the apex court stating that Gangster Vikas Dubey had not surrendered as was being wrongly reported. It added Vikas Dubey not only had a strong reason and motive to flee away from police custody as he attempted to do on July 10 but had the capacity, potential, and experience of attacking the police personnel and killing them which in fact happened on July 10 when Vikas Dubey tried to escape and fired at the police party when prevented.
“Accused had fired 9 rounds at the STF team. He was facing the police while firing. STF team fired 06 rounds when he did not surrender even after warning and continued to fire on police team. Only three bullet shots hit the accused. It was a close and face to face exchange of fire furtherance of self-defense by police”, the affidavit of the UP Government said.