"Attempt To Defame UP Judiciary": Allahabad HC Bar Association Opposes Justice B. S. Chauhan's Proposed Visit To Allahabad HC

It may be noted that the Supreme Court in July 2020 approved the constitution of an inquiry commission headed by Justice B S Chauhan, former Supreme Court judge, to probe into the genuineness of the encounter killing of UP gangster Vikas Dubey.

The name of Justice Chauhan was suggested by the Solicitor General, Tushar Mehta, who appeared for the government of Uttar Pradesh.

The Association, in a resolution passed on Friday stated,

"Under the garb of enquiring into the genuineness of the encounter killing of UP gangster Vikas Dubey, Justice B S Chauhan is now coming to Allahabad High Court on 11^th January 2021, to enquire into the modus operandi of Honourable Judges of Allahabad High Court, even when he has been a Supreme Court Judge and he knows that such an unconstitutional enquiry cannot be taken up."

The Association has further stated,

"There is no provision in our Constitution to undertake an enquiry of Honourable Judges by any such commission and under the garb of an enquiry, Justice B S Chauhan's act is a sickening attempt to defame Uttar Pradesh Judiciary."

In the resolution, the Association has also alleged that Justice B. S. Chauhan was responsible for the death of an Advocate (Late) Shrikant Awasthi as allegedly, under the instructions from Justice Chauhan, the Advocate had received brutal treatment while he was in Custody.

Significantly, the resolution states,

"Justice Chauhan's history has always been Anti-Advocate and now it has become Anti-Judiciary."

Lastly, the Association has stated in its resolution that it vehemently opposes and condemns his proposed visit to Allahabad High Court.

Vikas Dubey's Encounter

Narrating the sequence of events which lead to the eventual death of Vikas Dubey, the police said that it was the result of a cross-fire between Dubey and the Police Personnel after the SUV carrying him overturned due to "heavy rainfall" which started at Barajor Toll Plaza and a "herd of cattle that suddenly came running on the road from the right side".

This led to the police personnel getting seriously injured and losing consciousness, during which Dubey snatched the pistol from one of the Personnel and escaped.

Thereafter, the Supreme Court on 22^nd July approved the constitution of an inquiry commission headed by Justice B S Chauhan, former Supreme Court judge, to probe into the genuineness of the encounter killing of UP gangster Vikas Dubey.

Later on, a plea had 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.

Advocate Ghanshyam Upadhyay has filed a fresh application alleging "fraud of high magnitude" practised upon the Court by all stakeholders responsible for appointing Justice BS Chauhan, Shri Shashikant Aggarwal, Shri KL Gupta and Shri Ravindar Gaur on the judicial commission.

Upadhyay had 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. Justice 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'

However, the Supreme Court had dismissed his application which sought the disbanding of the Justice (Retd) B S Chauhan inquiry Commission constituted to probe the alleged encounter of UP gangster, Vikas Dubey.

A bench of Chief Justice SA Bobde, Justices AS Bopanna & V. Subramaniun said:

"We have provided some safeguards in the manner in which the probe is to be conducted. The plea has no merit and is accordingly dismissed".

While dismissing the plea, the Supreme Court had said that it cannot accept unverified claims based on news paper reports.