Tribune News Service
New Delhi, July 20
The Supreme Court on Monday mentioned it wished the probe into encounter killing of gangster Vikas Dubey to be led by a retired decide of the highest courtroom and requested the Uttar Pradesh authorities to spell out its stand on it by Wednesday.
A Bench headed by Chief Justice of India SA Bobde mentioned, apart from a retired SC decide a retired senior police officer must also be added to the inquiry ordered by the state authorities.
Solicitor General Tushar Mehta, representing UP Government, mentioned he’ll submit a draft notification to the Bench on July 22, the subsequent date of listening to, to allow it move acceptable orders.
The Bench mentioned it couldn’t spare a sitting prime courtroom decide to change into part of the inquiry panel.
During the listening to on petitions looking for a court-monitored SIT probe into encounter killing of Dubey and his associates, the CJI mentioned, “You as the State have to uphold the rule of law. It is your duty to do so.”
The CJI additionally requested 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 mentioned.
The prime courtroom sought a report from the UP Government on the orders handed in Dubey’s circumstances.
“It’s not only one incident that is at stake. What is at stake is the whole system,” the CJI mentioned.
As a lawyer for one of many petitioners mentioned the courtroom ought to to not permit UP authorities to decide on members for the fee, the CJI mentioned, “Are you saying a former Supreme Court Judge and a former High Court Judge are state sponsored?”
“I’m not saying that,” the counsel mentioned.
“That’s what you are implying. This attitude of slinging mud at every one must stop some time,” mentioned the CJI.
Earlier, Mehta submitted the investigation into the matter was happening as per the regulation. Referring to the killing of eight policemen by Dubey and his associates, Mehta mentioned not solely was Dubey a history-sheeter, however he had additionally demonstrated his functionality to shoot at police only a few days again earlier than he died.
“You don’t have to tell us who Vikas Dubey was. There are close to 50 cases against him,” mentioned the CJI.
The Bench sought to attract a distinction between Dubey’s case and the Hyderabad encounter of December 2019, the place 4 rape accused had been 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 mentioned.
On behalf of UP DGP, senior counsel Harish Salve mentioned this sort of judicial inquiry would demoralise the police pressure. Even policemen have elementary proper, he submitted.
“Strengthen the rule of law and police force won’t ever be demoralised,” the CJI mentioned.
Amid speculations over killing of Dubey in a police encounter whereas being taken to Kanpur from Ujjain on July 10, the UP Police have asserted that it was a real encounter.
The Supreme Court is seized of a batch of petitions, together with these filed by PUCL, advocate Ghanshyam Upadhyay and suspended Police Inspector KK Sharma who’s accused of giving a tip-off to the gangster.