HC dismisses plea seeking judicial probe into Vikas Dubey's encounter

The Allahabad High Court's Lucknow bench on Monday dismissed a petition seeking constitution of a judicial commission to probe the encounter of gangster Vikas Dubey, saying the Uttar Pradesh government had already formed such a panel. A local lawyer, Nandita Bharti, had filed the writ petition, seeking constitution of a judicial commission headed by a former/sitting high court judge to probe into the encounter of Dubey so that matter may be inquired in terms of the guidelines framed by the Supreme Court.

"Considering the fact that an SIT and the judicial commission have already been constituted by the state government to inquire into the alleged incident in question, we dismiss the present writ petition as withdrawn, with the liberty to file a fresh petition, if the occasion arises," a bench of Justices P K Jaiswal and K S Pawar said. The state government had set up one-member commission on Sunday to probe into the gunning down of Dubey and his accomplices in police encounters, and the ambush in which eight police personnel were killed.

The petitioner said the apex court framed detailed guidelines regarding the procedure to be adopted in police encounters, because it affect the credibility of rule of law and the administration of criminal justice system. Vehemently opposing the plea, Additional Advocate General V K Sahi argued that an special investigation team (SIT), headed by the additional chief secretary, and a judicial commission, headed by retired high court judge S K Agarwal, have already been constituted.

Therefore, Sahi said, the petition was infructuous. PTI CORR ABN HMB.

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