GHANSHYAM UPADHYAY Vs. STATE OF U.P.
SUPREME COURT OF INDIA
STATE OF U.P.
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(1.)The petitioner in this Criminal Miscellaneous Petition/application is the petitioner in W.P (Crl.) No. 177/2020. The said writ petition was filed under Article 32 of the Constitution of India, in the nature of public interest seeking for issue of Writ of Mandamus and direct the respondent Nos. 1 to 3 in the writ petition to initiate action with regard to the destruction of residential building and other properties of accused -Vikas Dubey and to safeguard the life of the accused. Before the petition was taken up for consideration certain other developments had occurred, inasmuch as the said Vikas Dubey was killed by the police in an alleged encounter. Along with the said writ petition, certain other writ petitions which were also filed in public interest seeking for an appropriate enquiry in that regard were tagged. All the related writ petitions were taken up for consideration together. The State Government in a reply filed to the said writ petitions, apart from referring to the other aspects of the matter had also indicated that the Government having taken serious cognizance of all the events, apart from constituting a Special Investigation Team had also constituted a Commission of Inquiry under the Commission of Inquiries Act, 1951 headed by a former Judge of Allahabad High Court. In that regard it is to be noted that Shri Justice Shashikant Agrawal, a former Judge had been appointed.
(2.)In the course of the proceedings before this Court, based on a suggestion made by this Court, the State Government had undertaken the exercise to expand the composition of the Commission. Accordingly, in addition to the former High Court Judge who had been appointed the State Government suggested the name of Dr. Justice B.S.Chauhan, a former Judge of this Court to be the Chairman and Mr. K.L. Gupta, IPS, Former Director General of Police to be a Member. This Court having considered it appropriate had through the order dated 22.07.2020 accepted the constitution of the Commission of Inquiry in the said manner and the writ petition was directed to be listed along with the report of the Commission. The petitioners were also granted the liberty of applying to the Inquiry Commission to be heard in the matter.
(3.)When this is the position the instant criminal miscellaneous petition is filed by the petitioner seeking that the Judicial Commission constituted by the State be scrapped and a SIT as sought by the petitioner be constituted by this Court to carry out investigation on all issues raised by the petitioner. The said prayer is made by the petitioner alleging conflict of interest and likely bias on the part of the Chairman, Dr. Justice B.S. Chauhan and Shri K.L. Gupta, the Member. The petitioner in that regard has relied upon an Article published in "The Wire" dated 29.07.2020.
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