Thread by @barandbench

Supreme Court begins hearing the #VikasDubey Encounter killing case.

Solicitor General Tushar Mehta informs top court that former SC Judge (Retd) BS Chauhan based out of Allahabad was approached to be a part of the enquiry committe. Justice Chauhan has agreed

#SupremeCourt

SG Mehta also suggests former Director General of Police KL Gupta to be a part of the probe team.

Mehta, appearing for State of UP states that all background checks have been conducted for the former DGP

#VikasDubeyEncounter
#SupremeCourt

Solicitor Genenral Tushar Mehta reads the draft notification putting into effect the reconstitution of the probe team and its revised terms of operation:

SG: The issue is that whether the gangster killed in the alleged encounter was genuine or not..

SG: ....when he was being brought in transit remand from Madhya Pradesh to Uttar Pradesh

Petitioner Ghanshyam Upadhyay interrupts.

(Bench discussing among themselves)

SG: We have changed the terms of reference of the inquiry committee to inquire into events of killing of police officials

CJI-- How are you saying Dubey was killed?

SG- we will change it to alleged killing

SG: The probe team will inquire into circumstances which resulted in the release of Vikas Dubey on bail or parole inspite of facing approximately 64 criminal cases and ascertain role and inaction of state functionaries.

CJI-- we consider this most important factor of all.

SG tells SC we can make the terms of reference wider if court wants.

CJI- say inquiry into role/inaction of authorities who dealt with the matter for the state.

Ghanshyam Upadhyay: Please consider the names of judges submitted by me.

CJI: I have dealt cases with Justice BS Chauhan. I too would have suggested his name.

Upadhyay: I have full faith in Justice Chauhan, but atleast keep another HC judge instead of the one selected now.

Upadhyay: State committee should not participate with the case in any way. Let the office of the commission be in Delhi.

CJI: We did the same thing with the Telangana encounter. We heard you and we are rejecting this. The commission will not operate out of Delhi

Petitioner Anoop Awasthi: The order of encounter killing of Vikas Dubey had come directly from UP Chief Minister Yogi Adityanath @myogiadityanath This needs to be looked into

CJI: All of this will be seen. Don't make us dictate orders of the commission also.

Senior Advocates Salman Khurshid and Sanjay Parikh highlight the larger issue of increasing number of encounters in the state of UP

Sanjay Parikh: SIT has to be appointed and not under Commission of Enquiry Act. They have not mentioned anywhere

SG: Investigation will be conducted by the SIT only

Adv Aparna Bhat: But terms of reference is not there for the SIT

CJI: we cannot tie hands of SIT by defining terms of reference. It should be as wide as possible.

Senior Adv Sanjay Parikh: SIT was formed on July 11 to investigate the dreaded antecedents of #VikasDubey and his gang. But the SIT should look into the encounter killing.

CJI: SC will now monitor criminal investigation? Fantastic.

CJI: SIT is free to investigate any related incidents. Constitution of SIT is not under question here

Order: SG Mehta has submitted a draft notification mentioning therein that a commission has been set up. Terms of reference was read out. We direct that notification for Constitution of commission as approved by us should start functioning within one week....

Order:....secretarial assistance will be provided by the Union or as directed by the chairman of the commission. The commission is directed to submit report within 2 months of its commencement of operation..

Breaking: Vikas Dubey Encounter Killing: Supreme Court approves Commission headed by former Supreme Court judge Justice BS Chauhan to probe case

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