A plea has been preferred in the Supreme Court seeking directions to scrap the inquiry commission constituted by Supreme Court to probe into Vikas Dubey Encounter Case and issue contempt proceedings against state functionaries for allegedly suppressing true facts about the members of the commission, legal news website LiveLaw.in has reported.
Advocate Ghanshyam Upadhyay has filed a fresh application alleging "fraud of highmagnitude" practised upon the court by all stakeholders responsible for appointing Justice BS Chauhan, Shashikant Aggarwal, KL Gupta and Ravindar Gaur on the judicial commission.
Upadhyay has stated that recent facts have come to light which cast aspersions on the independence of the members so appointed.
As regards the appointment of Justice BS Chauhan (Retd.), retired judge of the Supreme Court, he alleged close connections of the judge with the ruling BJP government based on an article published in 'The Wire' titled 'Family Ties of Former DGP, SC Judge Cast Conflict of Interest Shadow on Vikas Dubey Probe'
"...two immediate/close relatives of Justice (Retd.) B.S. Chauhan viz. his brother and 'samadhi' being legislators with Bharatiya Janata Party (BJP) which runs the government in Uttar Pradesh," Upadhyay's plea stated.
As regards KL Gupta, the petition avers that he is related with the IG of Kanpur Zone, Mohit Agarwal, where the alleged encounter of Vikas Dubey took place. "K.L. Gupta is related with IG, Kanpur Zone, Mohit Agarwal, where the alleged encounter of Vikas Dubey took place and who is alleged to be involved in fake encounters and thus, is bound to come under the scanner of enquiry/probe"
In light of this, the plea contends that "aforesaid two members of Judicial Commissions are disqualified from being part of the commission on account of conflict of interest and bias or likelihood of bias on their part".
The plea goes on to state that the conduct of the state and its functionaries of concealing "vital material facts which go to the very root of the matter" need to be viewed seriously by the Top Court.
This, the plea contends makes it discernible that the aforesaid two members are in "active collusion and connivance with the state administration" since BJP is the ruling party in UP and the Chief Minister is alleged to be involved in fake encounters of six accused and "appears to have provided all support to UP Government in contesting the issue pertaining to an independent inquiry into Dubey's killing”.
