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The Apex Court had reserved its order on a petition filed to dissolve the Justice (Retd) BS Chauhan-led inquiry commission in the Vikas Dubey encounter case.
The bench for the matter comprised Chief Justice S.A. Bobde and Justices A.S. Bopanna and Justice V. Ramasubramanian. The petition for this matter was filed by Advocate Ghanshyam Upadhyay. The advocate had alleged of having political connections with the family members of the retired judge. He further submitted that the inquiry procedure led by Justice Chauhan will not be fair and unbiased.
Advocate Upadhyay informed the court that Justice Chauhan’s brother is an MLA in UP and his daughter is married to an MP.
The advocate also added that articles in various publications had raised queries about the Inquiry.
Justice Bobde said that they will not cast suspicion on a former judge of the court on the basis of publications and newspaper interviews.
He then asked Advocate Upadhyay: “Are any of the relatives connected with the incident or the inquiry? Why can’t he be fair and unbiased? There are several judges whose father/brother are MPs and have political connections. Are you saying they are all biased judges? Is belonging to a political party an illegal act?”, Justice Bobde questioned.
The Solicitor General Tushar Mehta said that the allegations raised by Upadhyay against the appointment of Justice BS Chauhan in the judicial commission were “defamatory”.
After which Upadhyay said that the State of UP is becoming a state of encounters. They are violating the entire legal system. He also submitted that Rajiv Pandey was encountered by the UP Police just a few days ago.
The CJI, while reserving the order, said that Upadhyay was submitting inappropriate things. There will be thousands of crimes committed in every state. However, it has nothing to do with the inquiry commission.
On the other hand on July 22, the Top Court had directed the Judicial Commission headed by Retd Justice BS Chauhan to examine the alleged killing of the 8 policemen and the following encounter of gangster Vikas Dubey.
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