Suggesting names of Justices (Retd.) Deepak Gupta and R. Banumathi, amongst others, for appointment to the Judicial Commission, an Application has been filed in the plea seeking for investigation into the alleged encounter of Vikas Dubey and his five co-accused.
The Application was filed in the wake 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 wherein the State of Uttar Pradesh was directed to draft a notification with a list of names of Retired Judges of the Supreme Court of India and names of Retired Police Officers, for inclusion in the Judicial Commission formed to investigate into the alleged encounter of Vikas Dubey and his aides.
Filed by Advocate Ghanshyam Upadhyay, the Application states that the "Hon'ble Court has been pleased to directed 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."
Contending that the State has committed multiple gaffes in their investigation of the matter by acting in an "irresponsible and unfair manner", the Application goes on to provide a list of names of former/retired Judges of the Supreme Court of "unimpeachable character" in order for them to be considered for appointment as a member of the SIT/Judicial Commission.
The list includes 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 Panicker Radhakrishnan, and HL Gokhale.
The list also includes recently retired Justices Deepak Gupta and R. Banumathi.
The Application alleges that there is prima facie evidence that the encounter and 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". In light of this revelation, the Application submits that it would be prudent to ensure that the State Administration is kept away from choosing members of the SIT/Judicial Commission.
Invoking the legal maxim that justice must not only be done, but also seen to be done, the Application goes on to pray that in the name of justice, good conscience, equity and fair play, the Supreme Court may choose the names provided by the Petitioner in the Application.
A day before the alleged encounter killing of gangster Vikas Dubey, Advocate Ghanshyam Upadhyay had filed the petition 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.
"…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".
The plea prayed for a thorough investigation 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".
While the petition did not get listed before the Court on July 10, Dubey was killed by the Uttar Pradesh Police on the same on which it was prayed that the plea be listed, allegedly because he was trying to escape from the Police.
The Supreme Court yesterday, noted that it was the State's duty to uphold the rule of law and directed the State of UP to reconstitute their Judicial Commission and include a former Judge of the Supreme Court of India as well as a Retired Police Officer of the rank of a DGP.