The Supreme Court Wednesday approved Uttar Pradesh Government's draft notification for appointing former apex court judge Justice (retd) BS Chauhan as chairman of the 3-member inquiry commission on the killing of eight policemen and the subsequent encounter killings of gangster Vikas Dubey and five of his alleged associates.
A bench headed by Chief Justice S A Bobde directed that the inquiry commission should start functioning within a week and the probe be concluded within two months.
The other two members of the inquiry commission would be – former high court judge Justice (retd) Shashi Kant Agarwal and retired Director General of Police of Uttar Pradesh K L Gupta.
The bench, also comprising Justices A S Bopanna and V Ramasubramanian, cleared the draft notification and asked the Uttar Pradesh Government to notify it.
The top court directed the Centre to provide secretarial assistance to the inquiry committee and said that assistance be provided either by the National Investigation Agency (NIA) or any other central agency.
The bench said the inquiry commission will submit its report to the apex court as well the state government under the Commission of Inquiry Act.
The apex court said scope of investigation to be conducted by the inquiry commission should be wide enough.
The bench said the top court is not in favour of “tying the hands” of the commission and it will not be wise to have a term of reference for it.
It said the commission will have to inquire into incidents of killing of eight policemen and subsequent encounters killings of Dubey and his alleged associates.
Solicitor General Tushar Mehta, appearing for Uttar Pradesh, informed the bench Justice (retd) Chauhan has given his consent to be a part of the inquiry commission.
Mehta told the bench that the commission would also probe the circumstances under which Dubey, who was facing 65 FIRs, was released on bail.