SC dismisses plea seeking reconstitution of judicial commission set up to probe Vikas Dube encounter
On 19 August 2020, the Supreme Court dismissed an application which sought disbanding of Justice (Retd) BS Chauhan committee constituted to probe the alleged encounter of gangster Vikas Dubey.
A bench comprising of Chief Justice of India S.A. Bobde and Justices A.S. Bopanna and V. Ramasubramanian stated,
"We have provided some safeguards in the manner in which the probe is to be conducted. The plea has no merit and is accordingly dismissed".
The apex court constituted the committee on July 22, which comprises of retired Justice B.S. Chauhan, former DGP K.L. Gupta and retired judge of Allahabad High Court Justice Shashi Kant Agarwal. The names of the committee members were proposed by the Uttar Pradesh government.
Maharashtra lawyer Ghanshyam Upadhyay had filed the plea for scrapping of retired Justice B.S. Chauhan and former DGP K.L. Gupta from the commission on the ground of conflict of interests. It was on Mr. Upadhyay’s petition that the Supreme Court had earlier directed the Uttar Pradesh government to set up a commission to probe the allegations against Uttar Pradesh police in relation to Vikas Dubey’s killing.
Mr. Ghanshyam Upadhyay alleged that Justice B.S. Chauhan has close connections with the BJP government and highlighted that brother and ‘samdhi’ of Justice Chauhan are legislators of the ruling Bhartiya Janta Party. He further highlighted close relations between former DGP K.L. Gupta and IGP, Kanpur zone, where the alleged encounter took place.