SC asks UP govt to reconstitute judicial panel to probe Vikas Dubey encounter

The Supreme Court on Monday said it was "appalled" that gangster Vikas Dubey with 64 cases was out on parole and killed eight policemen in Kanpur on July 2, saying it showed a failure of the system.

The top court sought a report from the Uttar Pradesh government on the orders passed in case of Dubey, terming it as "institutional failure".

Read: Dubey’s aide killed in ‘encounter’ was minor, says kin

Hearing a batch of matters for probe into killings of policemen and subsequent encounter of Dubey and his henchmen, a bench presided over by Chief Justice S A Bobde asked Solicitor General Tushar Mehta to reconstitute the judicial inquiry commission by allowing it to be headed by a former Supreme Court judge and comprised a retired DGP.

Mehta, appearing for the state government, agreed to do it by Tuesday.

During the hearing, the bench, also comprising Justices A S Bopanna and V Ramasubramanian, also asked Mehta to look into statements made by the chief minister and deputy chief minister preceding the encounter, wherein they allegedly indicated to eliminate those involved in policemen's killings.

Also Read: Uttar Pradesh: Forensic experts recreate Vikas Dubey's encounter site

Senior advocate Harish Salve, appearing for the Uttar Pradesh police chief, contended that this was not a case which required judicial intervention, saying such an inquiry would demoralise the police.

He also pointed out the Telangana case and the present case was on different footings. This was a case where the man was arrested for having slaughtered policemen.

Mehta, for his part, said the investigation was going on in the matter. Dubey was out on parole and when the police tried to investigate an FIR, he fired shots at them and mutilated their bodies.

The bench, however, told Mehta, "There is a difference in who was killed here and in Hyderabad but you as the State is responsible to maintain law and order. It requires arrest, trial and sentencing".

The court asked Mehta to add a retired Supreme Court judge and a former DGP in the panel.

The state had earlier constituted a judicial commission headed by former Allahabad High Court judge, Justice Sashi Kant Agarwal, to inquire into incidents between July 2 and July 10, when Dubey was killed while he allegedly tried to escape when the vehicle met with an accident on their way from Ujjain to Kanpur.