VidhiSangh

Supreme Court of India · 19/08/2020

GHANSHYAM UPADHYAY versus STATE OF U.P. & ORS.

[2020] 6 S.C.R. 983 · 2020 INSC 499

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Summary

The Court rejected an application to scrap the commission inquiring into the alleged police encounter involving Vikas Dubey and replace it with an SIT. Allegations of bias against the Chairman and a member rested on unverified news reports and asserted family connections, without material showing influence or conflict of interest. The commission’s role was fact-finding and recommendatory; the petitioner could participate and its report was to be placed before the Court. Only the miscellaneous application was dismissed.

Issues

  1. Whether unverified reports and alleged family relationships established a reasonable apprehension of bias warranting replacement of the inquiry commission.

Held

Result

Miscellaneous petition/application dismissed as without merit. The constituted inquiry commission was left in place; the underlying writ proceedings were not finally disposed of by this order.

Judgment PDF: Supreme Court of India, [2020] 6 S.C.R. 983.