A bench of Chief Justice SH Kapadia decided to consider the desirability of a judicial probe into the incident as senior counsel Harish Salve, during the hearing of another plea linked to the issue of police reform, mentioned the incident, seeking an indpendent probe into it.
The bench asked Salve to file a formal application before the court for the probe before Friday when it would examine it.
During the hearing of a plea for expeditious implementation of Septemebr 2006 directions of the apex court on police reform, Salve mentioned the incident involving the BSP legislator and sought an inquiry by the Allahabad district judge or by someone from "outside the area".
He also sought the court`s directions for a probe report to the bench within a week.
48-year-old Dwivedi was arrested in Banda last week for allegedly raping a 17-year-old Dalit girl who earlier worked as his maid.
The girl was allegedly raped on December 10 and 11 at the legislators`s residence from where she escaped on December 12 when the MLA allegedly attempted to rape her again for the third time.
The girl, however, was arrested by the police in connection with an allegedly cooked up case of theft lodged by the legislator`s brother against her.
Then girl had told her brother about the incident when she was produced before the court on December 24 in connection with theft charge.