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Petitioner Ghanshyam Upadhyay had moved the Supreme Court with an urgent application seeking removal of two members from the inquiry committee, including former DGP KL Gupta.
The Supreme Court today dismissed an application seeking the reconstitution of the inquiry committee set up by the Uttar Pradesh government to look into the encounter killing of gangster Vikas Dubey.
The three-judge Bench of Chief Justice of India SA Bobde and Justices AS Bopanna and V Ramasubramanian heard an application filed by petitioner Ghanshyam Upadhyay seeking the re-constitution of the panel
During today's hearing, Solicitor General Tushar Mehta objected to an application of this nature. However, the Court said that the statements made by DGP KL Gupta on the encounter case, after the constitution of the committee, needed to be addressed.
SG Mehta, however, argued that there is no controversy involved considering that the only statement made by Gupta pertains to need for a "magisterial enquiry". Petitioner Ghanshyam Upadhyay, however, said that the statement suggests that Gupta has given a "clean chit" to the police officers involved.
After Mehta read out the statement Gupta made, the Court was of the view that the statement in question was a balanced one.
CJI Bobde said to Upadhyay,
"We were with you but DGP says law will take its course... you feel DGP had supported the encounter killing, but he has taken a balanced view where he says police found guilty will be punished. We cannot entertain this based on an apprehension."
When Upadhyay and another petitioner-in-person Anoop Awasthi read out statements made by Gupta, SG Mehta argued that the statements must not be read out selectively and must be presented before the Court in full context.
Unable to agree with the petitioners in light of the complete statements of Gupta read out by Mehta, the Court dismissed the application seeking Gupta's removal from the committee.
On July 26, Ghanshyam Upadhyay, one of the petitioners in the original case before the Supreme Court, filed an urgent application seeking the reconstitution of the Commission of Inquiry.
Upadhyay sought an urgent hearing to argue his case for the “disqualification” of the two members - retired DGP KL Gupta and former Allahabad High Court judge Justice Shashikant Agrawal - from the Commission.
Upadhyay had also filed filed a contempt petition against Uttar Pradesh Chief Minister Yogi Adityanath, contending that he has violated the Court's order by making statements in support of the police encounter.
In the plea seeking the initiation of suo motu contempt proceedings against Yogi Adityanath, Upadhyay had registered objection to certain statements made by the Uttar Pradesh Chief Minister to the media.
On July 22, the Supreme Court gave the green signal for an Inquiry Commission headed by its former judge, Justice BS Chauhan to investigate the encounter killing of gangster Vikas Dubey. The Court directed the Commission to begin work in a week and to submit a report in two months from the date of commencement of its functioning.
On July 9, Madhya Pradesh Police had arrested Vikas Dubey in Ujjain. He was later handed over to the UP police. On July 10, the UP Police killed Vikas Dubey in an encounter after he allegedly tried to escape from the police custody.
Four days later, the Supreme Court sought a response from the State of Uttar Pradesh in the pleas seeking a probe into the encounter killing.