SC refuses to entertain plea seeking CBI probe into Rakesh Pandey's encounter
Aug 25, 2020
New Delhi [India], Aug 25 : The Supreme Court on Tuesday refused to entertain a PIL seeking a Central Bureau of Investigation (CBI) probe for a fair, independent and impartial investigation into the encounter of wanted criminal Rakesh Pandey in Uttar Pradesh's Lucknow.
A bench headed by Chief Justice of India Sharad Arvind Bobde refused to hear the matter and asked the advocate who has filed the plea to approach the concerned High Court.
"You can go to the High Court. High Court power is as wide as Supreme Court's in this matter," CJI Bobde said.
At the outset, the CJI asked can Supreme Court pass an injunction for the state not to commit crimes?
Rakesh Pandey, an accused in the 2005 murder case of BJP leader Krishnanand Rai, was killed in an encounter by the UP Special Task Force (STF) on August 9 near Sarojini Nagar Police Station in Lucknow Kanpur Highway, the PIL filed by lawyer Vishal Tiwari said.
Tiwari has filed the PIL seeking direction for a fair, independent and impartial investigation into the case and direction for the probe by the CBI.
The lawyer has urged the apex court to constitute a three-member enquiry commission to investigate the case in which the members shall be the retired judges of High Courts and commission shall be headed by the retired judge of Supreme Court.
The plea also sought directions for registration of an FIR for the offences under Section 302 (murder), 201 (destruction of evidence), 120-B (criminal conspiracy) and other sections of the Indian Penal Code (IPC) against the police officials who were involved in the encounter.
