Allahabad HC Dismisses Plea Seeking Judicial Probe Into Alleged Encounter Of Kanpur Gangster Vikas Dubey As Infructuous [Read Order]

"Considering the fact that Special Investigating Team and Judicial Commission have already been constituted by the State of U.P. to enquire into the alleged incident in question, we dismiss the present writ petition as withdrawn with liberty to file fresh petition, if occasion arises," a division comprised of Justices Pankaj Kumar Jaiswal and Karunesh Singh Pawar said.

The UP Government had constituted a Special Investigation Team, lead by Additional Chief Secretary Sanjay Bhusreddy, to investigate Dubey's rise and police involvement in his deep-rooted criminal network, last Friday.

On the following day, the Government constituted a one member Judicial Commission under Section 3 of the Enquiry Commission Act, 1952, comprised of Justice Sashi Kant Agarwal, former Judge of the Allahabad High Court, to enquire into the subject matter in question within a period of two months.

On being informed about the same by Additional Advocate General VK Sahi, the court observed that the petition had been rendered "infructuous".

The petition was filed by a practicing Advocate of the High Court, Nandita Bharti, seeking a direction for constituting a Judicial Commission headed by a former/ sitting HC Judge to probe the alleged encounter in terms of the guidelines framed by the Supreme Court in PUCL & Anr. v. State of Maharashtra & Ors., (2014) 10 SCC 635.

She had also sought a direction against the UP government to frame appropriate guidelines governing, planning and carrying out encounters for the purpose of protection of life and liberty guaranteed under Article 21 of the Constitution.

Over 60 criminal cases, including allegations of murder, were pending against Dubey, who was allegedly killed in a police encounter on Friday morning. The incident has given rise to a massive debate around police/ political involvement with the gangster and several representations have been placed before the Supreme Court as well as the Allahabad High Court seeking a judicial probe.

Recently, one of the police officers, who have been arrested on the allegation of "connivance" with Dubey, moved the Supreme Court seeking protection of his life from the UP Police.

Case Details:

Case Title: Nandita Bharti v. State of UP & Ors.

Case No.: PIL (C) No. 11236/2020

Quorum: Justice Pankaj Kumar Jaiswal and Justice Karunesh Singh Pawar

Appearance: Petitioner in person; Additional Advocate General VK Sahi assisted by Advocate Manjeev Shukla (for State)

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