New Delhi: The Supreme Court on Tuesday reserved its order on a petition that sought removal of Justice B S Chauhan from Judicial commission probing the Vikas Dubey encounter case.
The bench led by the Chief Justice of India, SA Bobde, asked the petitioner Ghanshyam Upadhyay for a list of suggestions on the matter which can be considered by the court.
Upadhyay had previously filed a set of pleas in the matter regarding the reconstitution of inquiry committee. His fresh plea stated that Justice Chauhan's brother is an MLA in UP and his daughter is married to an MP. He showed apprehension regarding the investigation.
CJI further made it clear that they won't cast aspersions on a former SC judge on the basis of Ghanshyam's statement ."Are any of the relatives connected with the incident or the inquiry? Why can't he be fair? There are judges whose father or brothers are MPs. Are you saying they are all biased judges? Is belonging to a political party an illegal act?," questioned CJI.
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Upadhyay also pointed out recent encounter of Rakesh Pandey who was an accused in the killing of BJP MP Krishnanad Rai in 2005. "Govt is dismantling the entire legal system, it is becoming a state of encounters." Ghanshyam added.
CJI hit back saying that there are thousands of crimes committed in every state but the committee is carrying out its action fairly and it isn't biased, therefore the arguments are irrelevant. After asking for suggestions, CJI reserved the order.
