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Vikas Dubey Encounter: Supreme Court Directs State Of UP To Take Action On Recommendations Of Inquiry Commission

Shruti Kakkar
23 July 2022 2:41 AM GMT
Judicial commission, Clean Chit, Uttar Pradesh Police, Official Collusion, Gangster Vikas Dubey Encounter, Bikru case, Justice BS Chauhan, Uttar Pradesh Government probe panel, UP State Assembly, Supreme Court,
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The Supreme Court on Friday directed the State of Uttar Pradesh to take action on the recommendations made in the report submitted by a three-member inquiry commission headed by former Supreme Court judge Justice (Retd) B S Chauhan to probe into the encounter of gangster Vikas Dubey.

For ensuring the availability of the report in the public domain, the bench of Chief Justice of India NV Ramana, Justices Krishna Murari
and Hima Kohli also directed it to be uploaded on the Supreme Court website.

"We direct the state government to take action on the recommendations submitted by the inquiry commission. A copy of the report must be kept in public domain on the Supreme Court website," the bench said in its order. Accordingly, the bench disposed of the PILs filed by lawyers Vishal Tiwari and Ghanshyam Upadhyay seeking probe into the encounter killing of gangster Vikas Dubey.

The directions were issued by the bench after being informed by the Solicitor General of India Tushar Mehta that the recommendations made in the report by the Inquiry Commission were accepted by the State Government and were also placed before the State Legislature Assembly.

"Commission of inquiry appointed was headed by a former judge of this Hon'ble Court. Government has accepted the recommendations and has laid it before the Legislature also. There are recommendations made which have been accepted," SG Tushar Mehta had submitted before the Court.

Apprising the bench of the clean chit given by the Commission of Inquiry to the UP Police, Senior Advocate Harish Salve urged the bench to close the matter. He also submitted that the Inquiry Commission report was tabled before the State Assembly.

On July 22, 2020, Top Court had approved Uttar Pradesh government's draft notification to appoint Justice (retd) Chauhan as chairman of the 3-member inquiry commission to probe killings of eight policemen and the subsequent encounter killings of Dubey and his associates.

In August, 2020 the Top Court had dismissed a plea preferred by Advocate Ghanshyam Upadhyay seeking to dissolve the inquiry commission set up to look into the gangster's alleged killing. Upadhyay in the petition had raised questions with regards to Justice BS Chauhan heading the commission.

In April 2022, a three-member inquiry commission headed by former Supreme Court judge Justice(Retd) B S Chauhan had given clean chit to UP Police as it had not found evidence of wrongdoing on the part of Uttar Pradesh police in the encounter killings of gangster Vikas Dubey and his five associates in July last year.

Dubey was killed in an encounter on the morning of July 10, 2020, when a police vehicle carrying him from Ujjain to Kanpur met with an accident and he tried to escape from the spot in Bhauti area, the police had said. Prior to Dubey's encounter, five of his alleged associated were killed in separate encounters.

Case Title: Ghanshyam Upadhyay v. State of Uttar Pradesh| WP (criminal) 177/2020

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