SC New Delhi/UNI: Supreme Court on Wednesday dismissed a plea seeking the removal of its retired judge, Justice BS Chauhan, from the three-member commission set up to inquire into the killing of Kanpur gangster Vikas Dubey and his aides in a police encounter.
A bench headed by Chief Justice S A Bobde said that there were enough safeguards to ensure fair inquiry by the judicial panel into the encounter.
The court had on August 11 reserved the judgment after hearing the arguments of Mumbai-based lawyer Ghanshyam Upadhyay and the Solicitor General Tushar Mehta on behalf of the Uttar Pradesh government.
On Mr Upadhyay's petition, the top court had earlier directed the UP government to set up a commission to probe the allegations against UP police in relation to Dubey’s killing.
On July 22, a commission was constituted with retired Allahabad High Court Chief Justice Shashi Kant Agarwal and former UP DGP KL Gupta.
Mr. Upadhyay, quoting a media report, had objected to Justice Chauhan's selection to probe the matter saying that two relatives of Justice Chauhan are leaders of the Bharatiya Janata Party.
During the earlier hearing, Mr. Mehta said that the petitioner's arguments against Justice Chauhan contained derogatory materials.
The Chief Justice had also said that the bench cannot accept aspersion on a former Apex Court judge on the basis of a newspaper report.
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