The Uttar Pradesh government on Monday told the Supreme Court that it is ready to reconstitute the panel probing the encounter of history-sheeter Vikas Dubey, the prime accused in the death of eight cops in Kanpur.
Appalled that Vikas Dubey was out on bail despite having numerous cases registered against him, a bench headed by Chief Justice of India (CJI) SA Bobde sought an accurate report of all the orders and observed that this shows the failure of the system.
"It is not only one incident that is at stake. What is at stake is the whole system," CJI Bobde told Solicitor General Tushar Mehta, who was appearing for the Uttar Pradesh government, after which the state agreed to reconstitute the panel.
The state government told the court that it will submit a draft notification on July 22, with respect to the changes suggested in the inquiry panel.
The apex court asked the state government whether it is ready to appoint a judicial commission headed by a retired SC judge, of the state's choice, and added that it would include the retired Allahabad High Court judge already appointed by Uttar Pradesh.
The bench said that a retired police officer should also be there in the inquiry panel.
The top court was hearing two PILs alleging a deep criminal-politician nexus in Uttar Pradesh and seeking a court-monitored probe, or one by either the CBI or NIA, into the encounter of gangster Vikas Dubey and his associates in the state.
Senior lawyer Prashant Bhushan, intervening in the case, said that he was appearing for PUCL India in a case that was filed in 2018 seeking guidelines to deal with the increasing number of encounter deaths in Uttar Pradesh.
Appearing for Uttar Pradesh Director General of Police (DGP), advocate Harish Salve said, "The present case is on a different footing. It s just a case of simply an encounter."
"This matter is qualitatively different from Telangana encounter. Even policemen have fundamental rights. Can police be accused of excessive force when it is engaged in a live encounter with a dreaded criminal? Dubey slaughtered cops," Salve said.
Salve said that we can't keep on demoralising the police force, to which CJI Bobde suggested to strengthen the rule of law and police in the state to prevent the cops from being demoralised.
Vishal Tiwari, another petitioner in the case appearing in-person, said that there are similarities in Telanagana and Vikas Dubey encounter cases.
The CJI said, "Let the facts come out. We are on the choice of the committee." The matter is now likely to be heard by the apex court on Wednesday.
( With inputs from ANI )