Vikas Dubey encounter: SC wants probe panel to be led by ex-top court judge

Satya Prakash

Tribune News Service

New Delhi, July 20

The Supreme Court on Monday said it wanted the probe into encounter killing of gangster Vikas Dubey to be led by a retired judge of the top court and asked the Uttar Pradesh government to spell out its stand on it by Wednesday.

A Bench headed by Chief Justice of India SA Bobde said, besides a retired SC judge a retired senior police officer should also be added to the inquiry ordered by the state government.

Solicitor General Tushar Mehta, representing UP Government, said he will submit a draft notification to the Bench on July 22, the next date of hearing, to enable it pass appropriate orders.

The Bench said it could not spare a sitting top court judge to become a part of the inquiry panel.

During the hearing on petitions seeking a court-monitored SIT probe into encounter killing of Dubey and his associates, the CJI said, “You as the State have to uphold the rule of law. It is your duty to do so.” 

Also read: Gangster Vikas Dubey died of 'haemorrhage, shock', says post-mortem report

The CJI also asked the Solicitor General to look into the statements made by the Chief Minister, Deputy Chief Minister, saying, “If they have made certain statements and then something has followed, you should look into it.”

“We are appalled by the fact that this person (Dubey) was enlarged on bail despite having so many cases against him. This is a failure of the system that somebody who had so many crimes in his name was let out and he committed this crime (killing of eight cops),” the CJI said.

The top court sought a report from the UP Government on the orders passed in Dubey’s cases.

“It’s not only one incident that is at stake. What is at stake is the whole system,” the CJI said.

As a lawyer for one of the petitioners said the court should not to allow UP government to choose members for the commission, the CJI said, “Are you saying a former Supreme Court Judge and a former High Court Judge are state sponsored?”

“I’m not saying that,” the counsel said.

“That’s what you are implying. This attitude of slinging mud at every one must stop some time,” said the CJI.

Earlier, Mehta submitted the investigation into the matter was going on as per the law. Referring to the killing of eight policemen by Dubey and his associates, Mehta said not only was Dubey a history-sheeter, but he had also demonstrated his capability to shoot at police just a few days back before he died.

“You don’t have to tell us who Vikas Dubey was. There are close to 50 cases against him,” said the CJI.

The Bench sought to draw a distinction between Dubey’s case and the Hyderabad encounter of December 2019, where four rape accused were killed by Telengana Police.

“There is a difference in who was killed here and in Hyderabad case where the rape accused didn’t have any arms. But you as a state government, you are responsible to maintain rule of law. It requires arrests, trial and sentencing,” the Bench said.

On behalf of UP DGP, senior counsel Harish Salve said this kind of judicial inquiry would demoralise the police force. Even policemen have fundamental right, he submitted.

“Strengthen the rule of law and police force won’t ever be demoralised,” the CJI said.

Amid speculations over killing of Dubey in a police encounter while being taken to Kanpur from Ujjain on July 10, the UP Police have asserted that it was a genuine encounter.

The Supreme Court is seized of a batch of petitions, including those filed by PUCL, advocate Ghanshyam Upadhyay and suspended Police Inspector KK Sharma who is accused of giving a tip-off to the gangster.