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SC reserves order in plea to disband judicial commission set up to probe Vikas Dubey’s encounter

Supreme Court reserves order in a plea seeking for disqualification of two members from the three member Commission set up to probe history-sheeter Vikas Dubey’s alleged encounter case.

The inquiry committee headed by retired Justice B.S. Chauhan, also comprises of former DGP K.L. Gupta and retired judge of Allahabad High Court Justice Shashi Kant Agarwal. Maharashtra lawyer Ghanshyam Upadhyay filed a 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. 

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. Mr. Upadhyay submitted that articles in various publications had raised questions about the fairness of the Inquiry.

However, CJI S.A. Bobde remarked “We will not allow you to level charges against a Judge on the basis of a newspaper report. What are you saying! He has been a respected Supreme Court Judge, and the Chief Justice of a High Court. There was never a problem with his relatives. Why do you have a problem now? Are any of his relatives connected with the incident or with the Inquiry? Why can't he be fair? There are many Judges whose fathers or brothers are MPs. Are you saying that all of them are biased judges?"

Solicitor General Tushar Mehta called the allegations as “derogatory”. Upadhyay thereafter submitted before the Court “UP is becoming a state of encounters. They are upsetting the entire legal system. Rajiv Pandey was encountered by the UP Police just a few days ago.” The bench however, brushed these arguments aside as irrelevant.  

A bench comprising of Chief Justice of India S.A. Bobde and Justices A.S. Bopanna and V. Ramasubramanian has on tuesday reserved order in the said plea. 





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