The Supreme Court Wednesday dismissed a plea questioning the setting up of a three-member judicial commission, headed by former top court judge Justice BS Chauhan, to inquire into the encounter killing of gangster Vikas Dubey.
A bench headed by Chief Justice SA Bobde said that there were enough safeguards to ensure fair inquiry by the judicial panel into the encounter which took place in Kanpur.
The verdict came on a plea filed by advocate Ghanshyam Upadhaya seeking re-constitution of the inquiry commission and substituting its members -- Justice (retd) B S Chauhan, former Supreme Court judge, Justice (retd) Shashi Kant Agarwal and retired Uttar Pradesh DGP K L Gupta -- with other former judges of the top court and retired DGPs.
He had alleged that brother of Justice Chauhan is a legislator in Uttar Pradesh and his daughter is married to a Member of Parliament.
On August 11, the bench also comprising justices A Bopanna and V Ramasubramanian, had said that it would not allow anyone to cast aspersions on the basis of media reports on the retired top court judge heading the panel.
It had pulled up the petitioner and asked him whether a relative of a judge belonging to a political party, be termed as an illegal act.
It had said that there are several judges who have Members of Parliament as their relatives.
"There are judges whose father or brother or relatives are MPs. Are you (petitioner) saying that they all are biased judges? If any relative is belonging to a political party, is this an illegal act?" the top court had told Mr Upadhaya.
The top court had earlier dismissed an application seeking removal of two other members of the inquiry commission saying that it would not allow the petitioner to cast aspersions.