Justice BS Chauhan Commission Recommends Disciplinary Action Against Public Servants For Loss Of Records Of Vikas Dubey's Cases

The recommendations which have been made in the report have been categorised into heads such as police reforms, transfer/posting, CrPC, other legal reforms, Government Advocates/ Public Prosecutors, Service of Summons, handcuffing, missing file pertaining to criminal cases of Vikas Dubey.

On July 22, 2020, Top Court had approved Uttar Pradesh government's draft notification to appoint Justice (retd) Chauhan as chairman of the 3-member inquiry commission

In April 2022, inquiry commission had given a clean chit to UP Police as it had not found evidence of wrongdoing on the part of Uttar Pradesh police in the encounter killings of gangster Vikas Dubey and his five associates in July last year.

The Supreme Court had recently directed the State of Uttar Pradesh to act on the recommendations made in the report submitted by a three-member inquiry commission headed by former Supreme Court judge Justice (Retd) B S Chauhan to probe into the encounter of gangster Vikas Dubey.

For ensuring the availability of the report in the public domain, the bench of Chief Justice of India NV Ramana, Justices Krishna Murari and Hima Kohli had also directed it to be uploaded on the Supreme Court website.

Pursuant to the Top Court's directions, the report was uploaded on the website.

Recommendations In Report

Modernising Police Force By Better Training Facilities & Reducing Workload

Commission has also advocated for modernising the Police force by betterment in training facilities as well as reducing workload of police. For ensuring speedier investigation, better expertise and to improve rapport with people, Commission has also recommended separation of investigation from the law. In addition to this, recommendations have also been put forth for basic improvement to be made in manpower, infrastructure particularly in transport, communications and weaponry, enhancing the number of forensic laboratories.

"During training and/or refresher course, they must be taught basic provisions of the Constitution, IPC, CrPC, particularly the new developments/amendments. Police forces are sensitised with human rights, towards women, weaker sections of society, disabled, and under-privileged sections of society. They should also be appropriately and adequately given proper learning and knowledge of the recent judgments of the Supreme Court and the High Courts dealing with the issues like investigation/prosecution and the consequences of violation of human rights," the report states.

Other recommendations under the head of police reforms are:

• Introduction of Commissionerate System in other big cities like Prayagraj, Agra and Meerut, at the earliest, with full powers as in other States.
• Enactment of a special Act, like Control of Organized Crimes Act and a Special Cell in the police to deal with the organised crimes covered by such Act.
• Strengthening the Local Intelligence Unit (LU) & betterment in its quality, supervision, by creation of special Authorities to supervise it
• Framing of of proper guidelines which clearly mentions the necessary
• precautions and preparations for conducting raid to nab miscreants and hardened criminals
• Implementation of plan of action for use of videography in detection of crime.
• Installation of CCTV cameras and recording equipment in the offices of investigating agencies that has power to arrest at the places where such interrogation and holding of accused are to take place.

Fixation Of Time Frame Of An Officer Posted At One Place & District: On transfer/posting, the commission along with recommending fixation of time frame of an office posted at one place and district, also recommended for framing of a policy to prevent causing undue influence by administrative and revenue officers. It was also stated in the report that such a policy which deals with grant of arms licences, licences of mines and minerals, sand and stone mining should be strictly adhered to.

Complaint Should Be Registered After Conducting Preliminary Inquiry: Relying on the law laid down in Lalita Kumari v Government of UP, the commission also recommended for registration of complaint against the accused only after conducting preliminary inquiry to find out whether the offence has been committed by the accused or not.

Under the head of CrPC, the commission also suggested the following recommendations:

• Recording of statement u/s 161 CrPC by audio and video system & strict adherence to the ratio laid down in Asian Resurfacing of Road Agency (P) Ltd v. CBI, AIR 2018 SC 2039
• Issuance of circulars by High Courts to subordinate court for strict adherence to section 309 CrPC
• Expeditious disposal of cases under U.P. Control of Goondas Act, 1970 and Uttar Pradesh Gangsters and Anti Social Activities (Prevention) Act, 1986
• Creation of proper liaisoning among DM, SSP/SP & DGC (Crl) for bringing criminal cases to its speedy logical conclusion

Creation Of Proper Machinery For Working Government Advocates/ Public Prosecutors

While batting for compliance of the law laid down in State of Punjab & Anr v Brijeshwar Singh Chahal & Anr AIR 2016 SC 1629, the Commission has also recommended for enactment of a proper machinery for working of government advocates/public prosecutor.

"There must be created an Integrated Prosecution Services. Necessary amendments be made for their promotion to different cadres viz from APP to PP and onwards. They should be assigned the duty in the Sessions Court in all matters, apart from Uttar Pradesh Gangsters and Anti Social Activities (Prevention) Act, 1986 and the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989, on their attaining a minimum period of experience. The practice of making appointment of ADGC (Crl.) for a maximum period of 15 days, must not be abused, the report states.

Recommendations such as appointment of government advocates on merit and integrity and creation of a committee for determination of the number of government advocates by taking into consideration the pendency of cases have also been put forth.

Use Of NSTEP For Effecting Summons To Witnesses In Criminal Cases: Commission has also suggested using the National Service and Tracking of Electronic Processes (NSTEP) which was developed by NIC for civil matters in order to effect service of summons on witnesses even in criminal matters.

Police Personnel May Resort To Handcuffing By Taking Court's Permission: Referring to the present incident wherein there were chances for the the accused who had committed serious crime to make attempts for escape during transit/ remand, the commission had also recommended for the police personnel to resort to handcuffing of such accused after complying with the legal requirements, by taking permission of from the concerned court.

"In case of arrest, the arresting office may record reasons, in writing and produce the same before the court, for ex post facto approval," report said.

With regards to the Panki incident, the commission had also recommended initiation of a separate inquiry into the ones who had manipulated, made false entries and forged the signature of the doctor in photostat copies of medical reports provided by police to the Commission.