Dubey encounter: Supreme Court asks UP to keep ex-judge, DGP in panel

The Supreme Court on Monday requested the Uttar Pradesh authorities to think about appointing a retired Supreme Court decide and a former Director General of Police in a panel enquiring the July 10 encounter killing of dreaded gangster Vikas Dubey, whilst the highest court docket noticed that it was the “failure of the institution” {that a} legal who ought to have been in jail was out on bail as a substitute.

Solicitor General Tushar Mehta, showing for the UP authorities, agreed to convey a draft notification by Wednesday that can have the names of the retired Supreme Court decide and a former DGP chosen by the state authorities. Once it’s accepted by the apex court docket, the identical shall be notified.

The state appointed retired Allahabad excessive court docket decide Shashi Kant Agarwal on July 12 to research the demise of the gangster, who confronted over 60 legal instances, in an alleged encounter. “We are appalled at the fact that such a person was released on bail despite having so many cases. As an institution we have failed to keep a person behind bars,” a bench headed by Chief Justice of India SA Bobde mentioned, listening to a batch of pleas towards the killing of Dubey and his associates by the police.

The three-judge bench, additionally comprising Justices AS Bopanna and V Ramasubramanian, advised the Uttar Pradesh authorities that it was the state’s obligation to uphold the rule of legislation.

Dubey, who confronted over 60 legal instances, was shot lifeless on July 10 after he tried to flee from police custody whereas being transported to Kanpur, officers mentioned. He was arrested from Madhya Pradesh’s Ujjain the day prior to this.

Dubey and his associates killed eight policemen, together with a deputy superintendent of police, in a 15-minute ambush in Bikru village close to Kanpur metropolis on July three after the police staff reached there to hold out a raid and arrest the gangster. Dubey and his aides escaped after the assault.

Before Dubey was shot lifeless — police mentioned he snatched a pistol from an official, fired on the staff bringing him again to Kanpur and tried to flee after the automobile carrying him overturned — 5 of his alleged accomplices too have been killed in separate encounters.

The court docket had indicated final week that it was eager to arrange a judicial committee to probe the Dubey killing incident much like the one it had arrange in December 2019 when 4 rape-murder accused have been shot lifeless in an encounter with Telangana police.

Senior advocate Harish Salve, who represented UP DGP advised the Court {that a} judicial enquiry on this case will demoralize the police drive. He mentioned the policemen’s rights when confronted with a dreaded legal who slaughtered policemen, have to be upheld as nicely.

The bench mentioned, “If rule of law is to be strengthened, it will not demoralize forces…. You (police) must also understand that you are responsible for maintaining rule of law. It requires arrest, trial and sentence, if guilty.”