While hearing the Atiq-Ashraf murder case, the Supreme Court asked the UP government why were the Ahmed brothers not brought to the hospital by ambulance. The Court sought status report of the investigation in 3 weeks along with the judicial inquiry report of the Vikas Dubey encounter.

The Delhi Police submitted in the Supreme Court that it will file an FIR in the wrestlers’ case on Friday. CJI DY Chandrachud said women wrestlers should also get protection. 

A Mumbai court acquitted Sooraj Pancholi of suicide abetment charges in the Jiah Khan death case. Lack of evidence was cited as the ground. Khan’s mother Rabia’s plea to recall two witnesses was rejected. Following the acquittal, Rabia is expecetd to move the Bombay High Court.

Former Delhi Deputy CM Manish Sisodia did not get bail in the Delhi excise policy case. Sisodia will appeal the order in the High Court.

The Supreme Court on Monday dismissed the petition of Richa Dubey, wife of main accused Vikas Dubey in Kanpur Bikru case where she sought quashing of the FIR lodged against her. However, the court allowed Richa Dubey to file a bail petition after surrendering; giving seven days time to surrender.

The bench comprising of Justice Sanjiv Khanna and Justice Bela M. Trivedi has directed the High Court to hear Richa Dubey’s bail at the earliest. While dismissing Richa dubey’s petition, the bench said now that the charge sheet has been filed in the case, you are demanding to quash the FIR.

Salman Khurshid, the counsel appearing on behalf of the petitioner Richa Dubey submitted that they had also filed a bail application in the High Court.

In fact, Richa Dubey, challenging the Allahabad High Court’s decision in the Supreme Court, had demanded quashing of the FIR registered against her in Chaubepur police station in her petition.

Richa Dubey has challenged the decision of the Allahabad High Court where the High Court had dismissed her petition while denying relief to her when she had sought the quashing of the FIR registered against her at Chaubepur police station. The FIR, registered on November 9, 2020, is for buying a SIM card under a fake name.

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Richa Dubey is accused of aiding her husband Vikas Dubey, who was involved in the murder of eight Uttar Pradesh policemen who had gone to arrest him during the night of July 2 and were murdered by his men. Dubey was later arrested from Ujjain, 6 days after the eight policemen were killed in Bikru village. He was killed in an alleged encounter with police on July 10, 2020.

The Supreme Court will hear slain underworld don Vikas Dubey’s wife Richa Dubey’s petition challenging the Allahabad High Court decision on her plea denying her relief on November 29. Vikas Dubey is the main accused in the Bikru case of Kanpur. The don was killed in an alleged police encounter questioned by many.

Richa Dubey has challenged the decision of the Allahabad High Court where the High Court had dismissed her petition while denying relief to her when she had sought the quashing of the FIR registered against her at Chaubepur police station. The FIR, registered on November 9, 2020, is for buying a SIM card under a fake name.

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Richa Dubey is accused of aiding her husband Vikas Dubey, who was involved in the murder of eight Uttar Pradesh policemen who had gone to arrest him during the night of July 2 and were murdered by his men. Dubey was later arrested from Ujjain, 6 days after the eight policemen were killed in Bikru village. He was killed in an alleged encounter with police on July 10, 2020.

ILNS: The Uttar Pradesh Police seems to have dodged the proverbial bullet in the gangster Vikas Dubey encounter case, as far as the report of the Supreme Court-constituted and Justice BS Chauhan-led investigation committee is considered. It seems that the committee has found no evidence that the UP Police was instrumental in the killing of Dubey.

The committee has been investigating this encounter for eight months now, and there has been no evidence so far in front of the committee, which could have rejected the police version of the ‘encounter’. Also, there has been no credible witness, who has come forward to say anything against the police on record.

On the night of July 10, 2020, while the police were bringing Dubey back into UP – from the Ujjain temple, where he was found – Dubey, as per the police, had tried to escape, when he was gunned down. Even media personnel were following the convoy and no journalist from any media house has also come forward to present any comment or evidence against the UP Police.

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Even Dubey’s family members have not come forward to make any official comment on the issue that may have cast any doubt on UP Police’s actions. So far, no comments from witnesses who have come forward and presented their points of view, have been against the police.

Applicant says Gupta’s interview to a news agency was full of bias and may not be neutral in the commission

No sooner than the ink dried on the Supreme Court’s declaration of the members of the special inquiry commission to investigate the ‘encounter’ killing of gangster Vikas Dubey, one name in the new committee, has created waves.

While there has been universal acceptance of commission head, former Supreme Court judge BS Chauhan and former Allahabad High Court judge Shashi Kant Agarwal, the court’s inclusion of K.L.Gupta, for DGP of Uttar Pradesh, at the suggestion of the government, seems to have become a point of controversy.

A petition has now been filed with the top court, requesting the top court to reconstitute the judicial inquiry commission by replacing  Gupta. The petition asks for the appointment of some other former DGP from Uttar Pradesh as member of the commission.

The petitioner has alleged that Gupta had told Press Trust of India that: “On face value, we should accept what the police is saying. Why do we always start with negativity and dub the police wrong? Encounters are not done, they happen.”

Thus the petitioner apprehends a real likelihood of bias in the judicial Inquiry to be done by Gupta, as he has already spoken his mind in the media. He has also suggested the names of former DGPs IC Dwivedi, S. Jaweed Ahmed, Prakash Singh.

– India Legal Bureau

Retired Allahabad judge S K Agarwal retained from original state commission; the top police officer, also in the commission, is former DGP KL Gupta; commission to submit report in 2 months.

The Supreme Court and the Uttar Pradesh government converged on a point of agreement on the fresh constitution of an inquiry commission to look into the encounter killing of gangster Vikas Dubey on July 10. It was agreed that former Supreme Court Judge BS Chauhan, based out of Allahabad, would head the inquiry commission and top police officer also in the commission is former Director General of Police KL Gupta.

In court today (July 22), Solicitor General Tushar Mehta informed the bench headed by Chief Justice S. A. Bobde that former Supreme Court Judge BS Chauhan, based out of Allahabad, had been approached to be a part of the enquiry committee. The SG said that Justice Chauhan “has agreed”.

The SG also informed the court that former Director General of Police KL Gupta will also be a part of the commission. He said that all background checks have been conducted for the former DGP.

Then Mehta said: “The issue is that whether the gangster killed in the alleged encounter was genuine or not… When he was being brought in transit remand from Madhya Pradesh to Uttar Pradesh…”

At this the original petitioner, Ghanshyam Upadhyay interrupted, but the SG continued: “We have changed the terms of reference of the inquiry committee to inquire into events of killing of police officials.”

At this the CJI asked: “How are you saying Dubey was killed?”

The SG replied: “We will change it to alleged killing.”

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

The CJI reminded the SG: “We consider this the most important factor of all, the Vikas Dubey encounter.”

The SG said: “We can make the terms of reference wider if the court wants.”

The CJI said: “Enquiry into the role/inaction of authorities who dealt with the matter for the state.” 

The SG added: “Enquire into whether efforts were made to cancel bail granted.”

At this advocate Upadhyay said that the role of non state persons should also be probed. This, thought, did not satisfy the CJI who said: “We are looking into this. Please keep quiet.”

When Upadhyay said “there are serious doubts with regard to the case of the state,” the CJI answered: “You shouldn’t find fault with the choice of Justice Chauhan.”

Advocate Vishal Tiwari, the other petitioner, said: “What the state has done is, they have intermingled the issue. They had encountered six accused persons. FIRs should also be registered against police personnel who were involved in the encounter. There are guidelines for that.”

This prayer was refused by the CJI, asking Tiwari to approach the Allahabad HC for registration of FIR.

The CJI also asked SG for an assurance from the UP government to ensure that this kind of incidents won’t happen again. 

Read the order here;

     –  India Legal Bureau

While the Uttar Pradesh government is yet to submit its recommendations on a list of retired Supreme Court judges for a judicial commission to look into gangster Vikas Dubey’s ‘encounter’ killing by the police, advocate Ghanshyam Upadhyay, on whose petition the top court has acted, has submitted his own list of 13 retired judges of the court for consideration.

The list includes names of two former Chief Justices – Justices TS Thakur and RM Lodha – as well as two who recently retired – Justices Deepak Gupta and R. Banumathi.

The applicant wants the court to consider the names he has submitted, instead of those that would be given by the state.

The application has been filed after the Supreme Court Bench comprising of Chief Justice SA Bobde, Justice R. Subhash Reddy and Justice AS Bopanna directed the State of Uttar Pradesh to draft a notification with a list of names of retired judges of the Supreme Court and names of retired police officers, for inclusion in the Judicial Commission.

The Application goes on to provide a list of names of retired Judges of the Supreme Court of “unimpeachable character”. The list includes former Chief Justices of India TS Thakur and RM Lodha, and former Justices Santosh Hegde, Anil R. Dave, Kurian Joseph, Fakkir Mohamed Ibrahim Kalifulla, MY Eqbal, AK Patnaik, Vikramjit Sen, KS Panicker Radhakrishnan, and HL Gokhale.

The list also includes recently retired Justices Deepak Gupta and R. Banumathi.

The application alleges that there is prima facie evidence that the encounter and the demolition of Dubey’s property took place in “furtherance of a well-orchestrated and articulate criminal conspiracy wherein not only top/higher police officers of UP Police, but also people on echelon of state administration are involved”.

The applicant has hence urged the court to ensure that the state administration is kept away from suggesting the names for members of the Judicial Commission and instead consider the names provided by the petitioner in the interest of justice, good conscience, equity and fair play.

A day before the encounter of Vikas Dubey, Ghanshyam Upadhyay had filed a petition in the Supreme Court seeking direction to safeguard the life of Vikas Dubey and ensure that that he is not killed/encountered by police and complete security arrangement is made for his safe production in the concerned court from time to time and he is dealt with in accordance with law.

However, the petition did not get listed before the Court on July 10. The court while hearing the matter yesterday (July 20) directed the State of UP to reconstitute their Judicial Commission and include a former Judge of the Supreme Court of India as well as a Retired Police Officer of the rank of a DGP into the Commission.

– India Legal Bureau