An Application has been filed in the plea seeking investigation into the alleged encounter of Vikas Dubey which suggests the names of Justices (Retd) Deepak Gupta and R. Banumathi and others, for appointment into the Judicial Commission.
The Application was filed in the response of the Order passed by a Supreme Court Bench comprising of Chief Justice of India SA Bobde, and Justices R. Subhash Reddy and AS Bopanna whereit was ordered to the State of Uttar Pradesh to draft a notification with a list of names of Retired Judges of the Supreme Court of India and names of Retired Police Officers, to investigate into the alleged encounter of Vikas Dubey through the constitution of the Judicial Commission.
The Application was filed by Advocate GhanshyamUpadhyay, expressing the “Hon’ble Court has been pleased to direct the State to place before this Hon’ble Court the draft of the reconstitution of the SIT/Judicial Commission prepared by the State for perusal and approval of this Hon’ble Court.”
He also expressed that the State has acted in an “irresponsible and unfair manner“and committed multiple gaffes in their investigation of the matter. So, the Application aides a list of names of former/retired Judges of the Supreme Court of “unimpeachable character” in order to be considered for appointment as a member of the SIT/Judicial Commission.
Former Chief Justices of India TS Thakur and RM Lodha, and former Justices Santosh Hegde, Anil R. Dave, Kurian Joseph, Fakkir Mohamed Ibrahim Kalifulla, MY Eqbal, AK Patnaik, Vikramjit Sen, KS PanickerRadhakrishnan, and HL Gokhale are the part of the maintained list.
Recently retired Justices Deepak Gupta and R. Banumathi are also the part of the list.
The Application put-forths that prima facie evidence has been there in relation to the encounter and that the demolition of Dubey’s property took place in “furtherance of a well-orchestrated and articulate criminal conspiracy wherein not only top/higher police officers of UP Police, but also people on echelon of State Administration are involved”. The Application notes that to ensure that the State Administration is far away from choosing members of the SIT/Judicial Commission, such constitution is important.
Prayer in the sense of justice, good conscience, equity and fair play has been submitted as it is said thatjustice must not only be done, but also seen to be done. The Supreme Court may choose the names provided by the Petitioner.
Advocate GhanshyamUpadhyay, a day prior to the alleged Vikas Dubey encounter killing of gangster Vikas Dubey had filed the petition before the Supreme Court hinting at the possible killing of Dubey andseeking for an investigation into the “killing/alleged encounter” of his five co-accused by the Uttar Pradesh Police.
“…there is every possibility that even accused Vikas Dubey shall be killed by Uttar Pradesh Police like other co-accused once his custody is obtained Uttar Pradesh Police”.
A Thorough investigation is prayed into the “killing/alleged encounter of five accused who along with co-accused Vikas Dubey were alleged to be involved in killing of eight policemen in district Kanpur on 02.07.2020 which is now known as Kanpur Kand and which has rocked and shocked the entire nation”.
As the petitionon July 10 did not get listed before the Court, Dubey was killed by the Uttar Pradesh Police. So, it was prayed that the plea be listed.
Yesterday, the Supreme Court mentioned that the State’s duty to uphold the rule of law and therefore, directed the State of UP stating to include a former Judge of the Supreme Court of India as well as a Retired Police Officer of the rank of a DGP in the reconstitution of their Judicial Commission.
