Vikas Dubey, accused in 64 cases, was shot dead on July 10, a day after his arrest in Ujjain.
A former Supreme Court judge and a police officer will remain in the panel investigating the death of arch-criminal Vikas Dubey, the Supreme Court said today, scrapping a petition to dismiss them. The petitioners wanted a reconstitution of the panel, which was suggested by the Supreme Court on July 22 -- days after Vikas Dubey was shot dead while allegedly trying to escape police custody.
Following the top court's advice, the Uttar Pradesh government had constituted a judicial inquiry committee headed by Retired Supreme Court judge Justice BS Chauhan and Retired High Court Judge SK Agarwal and former Director General of Police KL Gupta as members.
The petitioners wanted Justice SK Agarwal out of the panel, contending that he was unfit as he had resigned while protesting his transfer from Allahabad High Court to Jharkhand.
They also wanted former police chief removed, arguing that he was biased.
As evidence, they had quoted his statements. "On the fee value we should accept what police is saying and why do we always start with negativity and dub the police wrong? Encounters are not done, happen," Mr Gupta was quoted as saying.
The former top cop was not taking sides in the controversy, Chief Justice of India SA Bobde told the petitioners today. "He has also said the inquiry is going on and they will be punished," he added.
"We cannot change this person like this because of the apprehension. A right minded person who reads the while statement will not believe this man is biased," the Chief Justice said.
"There is a former judge of the Supreme Court and a former judge of the High Court also on the panel. The inquiry commission will not be vitiated because of one officer," Chief Justice Bobde said.
Vikas Dubey was shot dead on July 10, a day after he ws arrested in Ujjain, Madhya Pradesh. The police said he had tried to escape when the police car transferring him to Kanpur met with an accident.
Days later the Supreme Court ordered an investigation, focusing on Viks Dubey's death, the Kanpur encounter in which he killed eight policemen, and the fact that he got bail repeatedly from courts despite involvement in 64 cases.
"Letting Dubey out on bail is the most important factor to probe and it led to all these consequences," the Supreme Court said. Chief Justice SA Bobde said it was "appalling" that with 64 cases against him, the gangster had been out of jail.
Speaking to NDTV, Retired Justice BS Chauhan said his brief was to investigate how Dubey got bail or parole. "How it was granted to him... that's the important issue which the panel will be examining as asked by the Court. The Criminal Procedure Code is very strict on these issues, yet he got bail," he said.