NANDITA BHARTI,ADVOCATE Vs. STATE OF U.P.

JUDGEMENT

(1.) When the matter was taken up through Video Conferencing, Ms. Nandita Bharti, petitioner-in-person and Mr. V.K. Sahi, learned Additional Advocate General, assisted by Mr. Manjeev Shukla, learned counsel for respondents-State appeared.

(2.) This Public Interest Litigation has been filed by a practicing Advocate of this Court for the purpose of seeking direction for constituting a Judicial Commission headed by a former/sitting Judge of this Court to probe into the police encounter of Vikas Dubey by the U.P. Police Special Task Force Team on 10.07.2020. She has also prayed for issuance of a direction against the respondents to frame appropriate guidelines governing, planning and carrying out encounters for the purpose of protection of life and liberty guaranteed under Article 21 of the Constitution of India.

(3.) It is submitted that on the intervening night of 02/03.07.2020, when police team went to arrest Vikas Dubey at his village, namely, Bikaru, Police Station Chaubepur, District Kanpur, eight police personnel including a Circle Officer were killed and seven others were injured in an ambush said to have been made by Vikas Dubey and his associates. On 03.07.2020, Prem Kumar Pandey and Atul Kumar were encountered by the police at Kanpur and the State authorities demolished the house of Vikas Dubey. On 08.07.2020, the Special Task Force encountered Amar Dubey at Hamirpur. On 09.07.2020, Vikas Dubey was arrested/surrendered at Mahakal Temple, Ujjain, Madhya Pradesh. Thereafter, on 10.07.2020, when U.P. Police after taking Vikas Dubey in custody and was on the way to Kanpur, Uttar Pradesh from Ujjain, Madhya Pradesh, he was also encountered.