The Supreme Court will hear today at noon, a plea seeking initiation of Suo Motu contempt proceedings against the Chief Minister of State of Uttar Pradesh Yogi Adityanath and for registration of FIR agains him for the alleged offences of committing murder of Vikas Dubey & his 5 aides.
A bench of Chief Justice SA Bobde, Justices AS Bopanna & V. Ramasubramaniun shall take up the plea along with a an application filed by another Petitioner, Anoop Awasthi who has sought an application seeking reconstitution of the inquiry commission set up the by Court to probe into the genuineness of the encounter killing of UP gangster Vikas Dubey.
The petitioner had also filed a petition pertaining to Vikas Dubey's encounter, which is the main petition to the instant plea seeking an independent probe into the alleged encounter. Notably, his plea was filed just a day before Vikas Dubey was encountered in UP's Kanpur apprehending the Gangster's death at the hands of Cops.
The instant plea pertains to alleged statements made by Adityanath in the media "thereby exhorting and supporting killing of six accused" which the petitioner avers has lowered down the authority majesty and dignity of this Hon'ble Court and has led to "interfering in the administration of justice concerning the captioned petition and other connected petitions seeking probe in the killing six accused under the guise of police encounter"
Upadhyay has stated that Adityanath had given an interview before media on Republic TV where the heading being flashed, read 'YOGI ADITYANATH BREAKS SILENCE ON VIKAS DUBEY ENCOUNTER: GANGSTERS WILL MEET THEIR FATE'.
"The aforesaid statements given by the highest functionary of the State, are bound to prejudice the mind of the people/witnesses, who with the result, are likely to refrain from giving evidence against the State/its functionary which includes Shri Adityanath Yogi" - Excerpt of Plea
This, the plea states interferes with the Court proceedings which it is currently seized of in terms of section 2(c) (iii) of the Contempt pf Courts Act, 1971. On July 23, the Top Court had given a green signal to the Commission for inquiry with a retired Supreme Court Judge and a former DGP of Police on board;
"When this Hon'ble Court is seized of the matter and has appointed Judicial Commission headed by a former judge of this Hon'ble Court and has directed the Judicial Commission to submit its report in two months before this Hon'ble Court and with the result, if in the inquiry by judicial commission, it is found that so called police encounters are false and fake, then this Hon'ble Court will in all probability take legal action against all those responsible for killing of six accused and therefore, statements given by Shri Adityanath Yogi, the Chief Minister of the State,which is threatening in nature to all those who have raised doubt over the theories of police/state administration and have raised their voices against the most inhuman and barbaric acts of killing of six accused, tantamount interference with due administration justice"
The Supreme Court on July 22 approved the constitution of an inquiry commission headed by Justice B S Chauhan, former Supreme Court judge, to probe into the genuineness of the encounter killing of UP gangster Vikas Dubey.
A day before the encounter killing of gangster Vikas Dubey, a petition by Upadhyay 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.
The plea had 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.