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The lead petitioner in the Supreme Court case concerning the extra judicial killing of UP gangster Vikas Dubey has filed a contempt petition against Uttar Pradesh Chief Minister Yogi Adityanath contending that he has violated the Court's order by making statements in support of the police encounter.
Petitioner, Ghanshyam Upadhyay had sought an SIT probe into the case.
In the plea seeking the initiation of suo motu contempt proceedings against Yogi Adityanath, Upadhyay has registered objection to certain statements made by the Uttar Pradesh Chief Minister to the media.
"Yogi Adityanath gave an interview/made a statement before media viz. ‘Republic News/TV’ thereby supporting and justifying killing of six accused. The said news article has been published by E-media under the heading ‘YOGI ADITYANATH BREAKS SILENCE ON VIKAS DUBEY ENCOUNTER: GANGSTERS WILL MEET THEIR FATE’."
reads the plea.
As per Upadhyay, the statement made by UP CM Yogi Adityanath tantamounts to a challenge and a defiance of the authority and majesty of the Supreme Court, which lowers the dignity and image of the Court in the public eye.
The petitioner has expressed fears that the statements in question made "would prejudice the mind of the people/witnesses, who with the result, are likely to refrain from giving evidence against the State/its functionary which includes Shri Adityanath Yogi as well, as he himself is alleged to be main person involved in the killing of six accused under the guise of police encounters."
Urging the top Court to initiate suo motu contempt proceedings against Yogi Adityanath, the petitioner has stated that if such statements go unpunished, it would "undermine the authority and majesty of the highest court of the country, is bound to breed contempt for law and would encourage lawlessness and every man would have tendency to become law unto himself thereby leading to anarchism."
During an earlier hearing, the Supreme Court had approved a State government-recommended special Commission to enquire into the Vikas Dubey encounter killing case. The Commission is being headed by retired Judge, Justice BS Chauhan.
According to the terms of reference, the Commission headed by Justice (retd.) Chauhan will investigate not only the incident involving the killing of Vikas Dubey but also probe the inaction of the authorities which led to the gangster being released on bail despite facing over 60 cases.
On July 9, Madhya Pradesh Police had arrested Vikas Dubey in Ujjain. He was later handed over to the UP police. On July 10, the UP police killed Vikas Dubey in an encounter after he allegedly tried to escape from the police custody.