Vikas Dubey encounter: Ex-judge BS Chauhan to go inquiry panel, full probe in 2 months, says SC

Vikas Dubey encounter information: The bench, additionally comprising Justices A S Bopanna and V Ramasubramanian, cleared the draft notification and requested the Uttar Pradesh authorities to inform it.

The Supreme Court docket Wednesday accepted Uttar Pradesh authorities’s draft notification for appointing former apex court docket choose Justice (retd) B S Chauhan as chairman of the 3-member inquiry fee on the killing of eight policemen and the next encounter killings of gangster Vikas Dubey and 5 of his alleged associates.
A bench headed by Chief Justice S A Bobde directed that the inquiry fee ought to begin functioning inside every week and the probe be concluded inside two months.

The opposite two members of the inquiry fee can be former excessive court docket choose Justice (retd) Shashi Kant Agarwal and retired Director Common of Police of Uttar Pradesh Ok L Gupta.

The bench, additionally comprising Justices A S Bopanna and V Ramasubramanian, cleared the draft notification and requested the Uttar Pradesh authorities to inform it.

“We direct that the notification constituting the Fee and incorporating the Phrases of Reference as accepted by us, shall be issued instantly. The Fee shall sit at Lucknow, Uttar Pradesh and begin functioning inside a interval of 1 week from at present,” the bench mentioned in its order.

“It’s made clear that the secretarial help for the Fee shall be supplied by the Central Authorities, from such providers/Departments as could also be directed by the Chairman of the Fee,” the bench mentioned.

The apex court docket was listening to a batch of petitions which have sought court-monitored probe into encounters of Dubey and 5 of his alleged associates.

A number of the pleas have additionally sought probe into the killing of eight policemen, together with DSP Devendra Mishra, who have been ambushed in Bikru village in Chaubeypur space of Kanpur once they have been going to arrest Dubey and fell to bullets fired from rooftops shortly after midnight on July 3.

In its order, the bench mentioned that fee shall submit a report back to the apex court docket and the state authorities “in accordance with the Commissions of Inquiry Act, 1952, inside a interval of two months from the date on which the Fee begins functioning.”

“Unnecessary to say that any occasion to the current petitions might apply to the inquiry fee for being heard,” it mentioned.

The bench additionally directed that the Particular Investigation Crew (SIT), which has already been constituted by the Uttar Pradesh Authorities, “will probably be free to inquire into any of the associated incidents that are the topic issues of the case”.

“Checklist the matter thereafter together with the report of the Fee,” it mentioned.

In an affidavit filed within the apex court docket final week, the UP authorities had mentioned that it has constituted a three-member SIT, headed by UP extra chief secretary Sanjay Bhoosreddy on July 11, to look into the crimes dedicated by the dreaded gangster and the alleged collusion between Dubey, police and politicians.

The bench famous in its order that through the listening to by way of video-conferencing, Solicitor Common Tushar Mehta, representing Uttar Pradesh authorities, has “displayed on the pc display, the draft of a notification appointing an unbiased three-member fee to inquire into the incidents” talked about within the petitions.

It famous that as per the draft of the revised notification, the fee is to comprise of Justice (retd) Chauhan, Justice (retd) Agarwal and former DGP Gupta.

“The proposed phrases of reference of the mentioned fee have been additionally learn out for the advantage of the court docket in addition to the counsel showing within the matter. After listening to all of the counsel, sure modifications have been instructed they usually have been agreed to be carried out,” the bench famous.

Through the listening to, the apex court docket noticed that scope of investigation to be carried out by the inquiry fee must be vast sufficient.

The bench mentioned the highest court docket isn’t in favour of “tying the palms” of the fee and it’ll not be clever to have a time period of reference for it.

The bench requested Mehta to look into the names of different gangsters, supplied by one of many petitioners, and be certain that related incidents of such encounters and killing of cops don’t recur.

Mehta knowledgeable the bench that Justice (retd) Chauhan has given his consent to be part of the inquiry fee. Mehta informed the bench that the fee would additionally probe the circumstances below which Dubey, who was going through 65 FIRs, was launched on bail. Dubey was killed in an encounter within the morning of July 10 when a police car carrying him from Ujjain to Kanpur met with an accident and he tried to flee from the spot in Bhauti space, the police had mentioned.

Previous to Dubey’s encounter, 5 of his alleged related have been killed in separate encounters. On June 20, the apex court docket had mentioned that it’s a “failure of the establishment” that an individual like Dubey obtained bail regardless of a number of circumstances lodged towards him.

It had requested the Uttar Pradesh authorities to think about having a former apex court docket choose and a retired police officer within the inquiry committee probing the encounter. It had informed the state authorities that they need to uphold rule of legislation.

It had instructed adjustments within the inquiry panel and sought a draft decision from the state authorities by at present.

The Uttar Pradesh authorities, in an affidavit filed within the apex court docket within the matter, had mentioned that the police occasion escorting Dubey from Ujjain in Madhya Pradesh to Kanpur needed to fireplace again in self-defence as he had tried to flee and was killed.

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The post Vikas Dubey encounter: Ex-judge BS Chauhan to go inquiry panel, full probe in 2 months, says SC appeared first on NorJoe.

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Martin Eggen