Lucknow, July 14: The Lucknow bench of Allahabad High Court has dismissed a petition seeking direction for constituting a Judicial Commission headed by a former or sitting judge to probe the death of Vikas Dubey in a police encounter in Kanpur on July 10.
Dubey was a prime accused in the killing of eight police personnel who were part of the team that had gone to Bikru village in Kanpur to arrest Dubey in an attempt to murder case on July 2.
On Sunday, the state government formed a single-member commission under a retired High Court judge to probe into all the incidents linked to Dubey, beginning from the botched raid at his village on July 3, his arrest and the subsequent deaths of Dubey and his aides in separate police encounters, The Indian Express reported.
On Saturday, the state government had formed a Special Investigating Team (SIT) to probe into rise of Vikas Dubey and his alleged nexus with the police.
Hearing the petition filed by advocate Nandita Bharti on Sunday, Justices Karunesh Singh Pawar and Pankaj Kumar Jaiswal dismissed the present writ petition after considering the fact that an SIT and a judicial commission had already been constituted by the state government to inquire into the alleged incident in question, said Additional Advocate General Vinod Kumar Shahi.
Shahi said, “The court heard the petition on Monday on request. I informed the court that the government has already formed a one-member judicial commission under Justice (retired) Sashi Kant Agarwal to inquire into the matter. Th government has also constituted a Special Investigating Team headed by an Additional Chief Secretary rank officer of the state. Apart from this, we are following Supreme Court guidelines in PUCL case and thus the writ petition lost its efficacy.”
He added that petitioner thus submitted in court that as a judicial commission has been constituted, the present writ petition has rendered infructuous and, therefore, she may be permitted to withdraw the present writ petition with liberty to file a fresh petition.
Shahi added that considering the fact that SIT and Judicial Commission have already been constituted by the state government to enquire into the alleged incident in question, the court dismissed the writ petition as it was withdrawn with liberty to file fresh petition, if occasion arises.
Vikas Dubey was arrested on July 9 in Ujjain, Madhya Pradesh. The next day, police claimed Dubey had fired at them from a weapon that he snatched from a police officer after the vehicle in which he was being taken to Kanpur overturned. In reply, the police also fired in which Dubey was injured and he was taken to hospital where doctor declared him dead.
Vikas’s five associates, who were named in the FIR lodged in connection with killing of police personnel, have also been gunned down in separate encounters. On July 3, Vikas’s maternal uncle Prem Prakash Pandey and his associate Atul Dubey were killed in a shootout with police in Kanpur. On July 8, Amar Dubey was gunned down in Hamirpur. In two separate encounter on July 9, Ranveer alias Bauva Dubey was gunned down in Etawah while Prabhat Mishra alias Kartikey was killed in Kanpur.