SC approves three-member commission to inquire Vikas Dubey encounter case

New Delhi: The Supreme Court approved the appointment of a three-member commission headed by Justice B S Chauhan and asked it to submit inquiry report within 2 months to SC and the state government in the Vikas Dubey encounter case. 

The bench led by the Chief Justice of India, SA Bobde, approved the appointment of 3- member committee headed by former SC judge, Justice BS Chauhan, to probe the matter.

In response to the apex court's July 20th order asking Uttar Pradesh to consider reconstituting the committees set up by the state government, Uttar Pradesh had suggested Justice BS Chauhan's name and former DGP KL Gupta's name which were both accepted by the court today and will be a part of the committee now. Former Allahabad High Court judge Shashikant Agarwal will also continue to be a part of the committee.

However, the court did not pass any directions for CBI or NIA led independent enquiry as sought by the petitioners, one of whom had alleged biases in the SIT and judicial enquiry commission set up. He had also highlighted how an IPS officer who himself is an accused in an encounter case has been part of the investigating team. UP government had denied the need for CBI/NIA investigation claiming that the investigations are already going on by the commission and SIT set up by them.

SG Tushar Mehta appearing for the UP government informed the top court that the probe team will be inquiring into the circumstances as well which resulted in Vikas Dubey's bail in the first place even when he was approximately facing 64 criminal cases against him. In the last hearing, CJI had remarked that they were "appalled that such a person with so many cases was released on bail" and had asked for all the accurate bail orders.

"We consider this most important factor," said CJI today. Court refused the prayer seeking registration of FIRs against the police personnel involved in the encounter and asked the petitioner to approach the Allahabad High court for it.