It is a "failure of the institution" that a person like Vikas Dubey got bail despite several cases lodged against him, the Supreme Court Monday said on Monday, while asking the Uttar Pradesh government to consider having a former apex court judge and a retired police officer in the inquiry committee probing the encounter of the gangster. "This is the failure of the institution and the person, who should have been behind the bars, got bail," a bench headed by Chief Justice S A Bobde said, adding, "We are appalled to the fact that a person like Vikas Dubey got the bail despite so many cases." The bench, also comprising Justices A S Bopanna and V Ramasubramanian, told the Uttar Pradesh government that they have to "uphold rule of law".

The top court asked Solicitor General Tushar Mehta, who was appearing for Uttar Pradesh, to look into the aspect if the Chief Minister and Deputy Chief Minister of the state have made certain statements and then something has followed. "You as a state have to uphold the rule of law. It is your duty to do so," the top court said while hearing a batch of pleas seeking court-monitored probe into the encounters of Dubey and his alleged associates. The bench also sought a report on the court orders which were passed in cases related to Dubey. The bench said it cannot spare a sitting top court judge to become a part of the inquiry committee.