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Tribune News Service
New Delhi, July 20
The Supreme Court today said it wanted the probe into the encounter killing of gangster Vikas Dubey to be led by a retired judge of the top court and asked the Uttar Pradesh Government to spell out its stand by Wednesday.
Why out on bail?
Wondering how a gangster with so many cases was released on bail, the CJI said, "This is a failure of the system that somebody who had so many crimes in his name was let out and he committed this crime (killing of eight cops)."
A Bench headed by Chief Justice of India SA Bobde said besides a retired SC judge, a retired senior police officer should also be added to the inquiry ordered by the state government.
Solicitor General Tushar Mehta, representing the UP Government, said he would submit a draft notification to the Bench on July 22, the next date of hearing, to enable it pass appropriate orders. The Bench said it could not spare a sitting top court judge to become a part of the inquiry panel.
During the hearing on petitions seeking a court-monitored SIT probe into the encounter killing of Dubey and his associates, the CJI said, "You as the state have to uphold the rule of law. It is your duty to do so."
The CJI also asked the Solicitor General to look into the statements made by the CM, Deputy CM, saying, "If they have made certain statements and then something has followed, you should look into it." As a lawyer for one of the petitioners said the court should not allow UP Government to choose members for the commission, the CJI said, "Are you saying a former Supreme Court Judge and a former High Court Judge are state-sponsored?"
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