Vikas Dubey ‘encounter’ case: SC says inclined to appoint probe committee headed by retired judge

The Supreme Court on Tuesday orally remarked that it was inclined to appoint a Committee headed by a retired judge, just as it had done on earlier occasion in the Hyderabad Encounter Case, legal news website LiveLaw.in has reported.

A bench of Chief Justice SA Bobde, N. Subhash Reddy & AS Bopanna also granted time to Solicitor General Tushar Mehta, appearing for state of Uttar Pradesh to file a reply in the plea seeking a CBI monitored investigation into the alleged encounter of accused Vikas Dubey and his three aides on July 10.

"We will do something very similar to the Hyderabad gangrape-murder case, like forming a committee to probe the encounter," he added.

The court observation came during hearing on petitions that sought a court-monitored probe through an Special Investigation Team, Central Bureau of Investigation or National Investigation Agency into the "encounter deaths of Vikas Dubey and his aides and the deep criminal-politician nexus in Uttar Pradesh".

Solicitor General Tushar Mehta, representing Uttar Pradesh, contended before the bench that the state should be allowed time to file an affidavit to make its stand clear.

"I am representing the state of UP. Allow us to place our view," he said.

Mehta said that the Uttar Pradesh government wants to spell its stand since it had done much after taking the issue seriously.

The CJI also told petitioner, Ghanshyam Upadhyay, that the court was not inclined to "monitor" the investigation.

It is pertinent to mention that the top court had formed a committee led by former Supreme Court of India judge J. VS Sirpukar to probe Hyderabad police encounter.

The SG also informed the Court that a reply on behalf of state of Uttar Pradesh shall come on record by Thursday, July 9 and that it may "satisfy" the court that the state had already taken enough steps.

In light of this, the matter was listed for further consideration on July 20.

A day before the encounter killing of gangster Vikas Dubey, a petition was filed before the Supreme Court seeking for an investigation into the "killing/alleged encounter" of his five co-accused by the Uttar Pradesh Police and hinted at the possible killing of Dubey.

Alluding to Dubey's escape from Madhya Pradesh to Uttar Pradesh in a bid to "avoid his encounter by Uttar Pradesh Police", the plea ominously stated that, "…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".

Filed by Advocate Ghanshyam Upadhyay, the plea, therefore, prayed for a thorough investigation into the "killing/alleged encounter of four 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".

While the petition did not get listed before the Court on July 10, Dubey was killed by the Uttar Pradesh Police on the date on which it was prayed that the plea be listed, allegedly because he was trying to escape from the police.

Thus, the petitioner later informed the Supreme Court registry that he be allowed to amend the prayer in his petition.

The plea now seeks a CBI monitored investigation into the death of all the accused and strict action is to be taken against the policemen and all those are who are involved in the killing of the four accused.

The plea condemns the acts of the Uttar Pradesh Police/Administration in demolishing the property of Dubey and further killing of his five co-accused. It seeks for FIRs to be registered against the police involved in the same under the applicable provisions of all, and for the investigation to be conducted by the CBI, monitored by the Supreme Court, as it involves higher police authority and even Ministers/Officials from the Home Department of the UP Government.

Therefore, appealing to the Supreme Court to assume its duty as the "ultimate custodian of law and Constitution", the plea places the example of Vikas Dubey as a glaring point of corruption in the police department and law enforcement machineries, and also invokes the Telangana encounter case.

In light of Dubey's alleged connections with high profile politicians and police officials, the plea prays for an urgent investigation by an independent investigation agency like CBI, under the supervision and control of the Supreme Court, while professing that the petitioner has no sympathy for the accused, but is in great pain to see the complete lawlessness and extreme high-handed action on the part of the police machineries.