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Dubey, a dreaded gangster, was killed in an encounter on July 10, 2020. The police claimed that the vehicle carrying him from Ujjain to Kanpur met with an accident and he tried to escape from the spot in Bhauti area.
A Supreme Court bench headed by Chief Justice of India Justice NV Ramana on Friday directed the Uttar Pradesh government to take appropriate action on the commission of inquiry report in the encounter of gangster Vikas Dubey.
The bench, also comprising Justices Krishna Murari and Hima Kohli, further directed that the report be uploaded in public domain.
Dubey, a dreaded gangster, was killed in an encounter on July 10, 2020. The police claimed that the vehicle carrying him, from Ujjain to Kanpur, met with an accident and he tried to escape from the spot in Bhauti area. The gangster and his associates were accused of killing eight police officers in Kanpur. The police took him into custody on July 9, 2020.
A commission headed by retired Supreme Court judge Justice B S Chauhan, with retired Allahabad HC judge Justice Shashi Kant Agarwal and former UP Director General of Police K L Gupta, was constituted to inquire into the encounter.
A lawyer by the name Ghanshyam Upadhyay filed a Public Interest Litigation before the Supreme Court, seeking re-constitution of a commission to inquire into the encounter of gangster. The Supreme Court in August 2020, dismissed his plea and allowed for an Inquiry Commission to investigate the encounter.
The Justice Chauhan commission, in its report, had said there is no suspicion of the police version of the killing of Dubey and his associates in encounters after the Bikru ambush in Kanpur in July 2020, as nobody from the public or the media came to contradict the police claim and no evidence was filed in rebuttal.
The Commission had submitted its investigation report to the state government in April last year which was tabled before the Assembly on August, 2021. The commission also raised questions on the state machinery in its report. The report stated that despite 64 cases filed against Vikas Dubey, no attempt was ever made to appoint a Special Prosecution Officer to bring punishment in his cases. No application was ever filed by the state in the Court for the cancellation of his bail nor did the court ever approach a high court against him. The Commission also recommended an inquiry against the “erring public servants”.
Case title: Ghanshyam Upadhyay Vs Union of India
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