New Delhi: An application has been filed before the Supreme Court seeking reconstitution of the judicial inquiry commission and replace ex-DGP KL Gupta as there is "real likelihood of bias" in the investigation.
Earlier on July 22, the apex court had approved the Uttar Pradesh government's draft notification for appointing former apex court judge Justice (retd) B S Chauhan as chairman of the 3-member inquiry commission on the killing of eight policemen and the subsequent encounter killings of gangster Vikas Dubey and five of his alleged associates.
The other two members of the inquiry commission would be – former high court judge Justice (retd) Shashi Kant Agarwal and retired Director General of Police of Uttar Pradesh K L Gupta.
However, advocate Anoop Prakash Awasthi, has urged the top court to replace Gupta, alleging that there could be bias.
Quoting Gupta from recent media reports where he has given statements, Awasthi contended that even before the conclusion of investigation, Gupta had gone on record saying that police statements should be accepted at the "face value" and the encounters are "not done, they happen".
In of the TV debate shows, Gupta said that Vikas Dubey's vehicle was switched to obtain an "element of surprise" and SUVs "overturn all the time".
Read: Claims about Rs 500-cr property false, we have been left in lurch: Vikas Dubey's wife
Defending the encounter further, Gupta had said that Dubey thought to flee as he would have feared getting killed in judicial custody and the moment he must have attempted, the vehicle overturned.
"The test is not what actually happens but the substantial possibility of which appears to have happened. Even if the deciding officer was as impartial as could be, nevertheless if right minded persons would think that, in the circumstances, there was a real likelihood of bias, the deciding officer is disqualified," said Awasthi referring to one of the SC's judgments.
He has suggested the names of IC Diwedi, Jaweed Ahmed, Prakash Singh or any other former DGP to replace Gupta.
"In the present case, 8 men in uniform have sacrificed their lives followed by 6 deaths police encounters but the first and foremost casualty is 'rule of law' and the Judicial Inquiry Commission has been constituted and requires to be reconstituted by this Hon'ble court with the sublime purpose to uphold the public confidence in the rule of law," pleaded the advocate.
Read: Vikas Dubey's slain aide Kartikey was not minor: Police
