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Accused taken to PS from crime spot in violation of law: Counsel
Telangana High Court
The Telangana High Court’s division bench of CJ Alok Aradhe and Justice J Sreenivas Rao on Tuesday adjudicated the batch of PILs filed in “Disha case”. The PILs seek a direction to register a case against all police officers, who participated in the fake encounter at Chatanpally, Shadnagar mandal, Mahbubnagar district, where four accused in the rape-murder were gunned down.
Hyderabad: The Telangana High Court’s division bench of CJ Alok Aradhe and Justice J Sreenivas Rao on Tuesday adjudicated the batch of PILs filed in “Disha case”. The PILs seek a direction to register a case against all police officers, who participated in the fake encounter at Chatanpally, Shadnagar mandal, Mahbubnagar district, where four accused in the rape-murder were gunned down.
Vrinda Grover, senior Supreme Court counsel, appearing for one of the petitioners, argued that the Justice Sirpur Commission, headed by a former SC judge and a director of the CBI--- constituted by the SC to probe the rape-murder of a young veterinary doctor “Disha”---had submitted report after examining 200 witnesses and numerous exhibits. The commission concluded that a case has to be registered against all the police officers, who took part in the encounter.
Of the four accused, three were juveniles and a case of murder should be registered against the officers.
She told the court that the three juveniles were taken to the police station from the place of crime, which is a blatant violation of the juvenile laws.
What is required in law for registration of FIR against the accused if the information relates to a cognisable offence; there is no preliminary enquiry; if it is a cognisable offence, then it is mandatory that a case be registered against the accused, in the case the police officers, who gunned down the accused.
She referred to the Lalitha Kumari judgment, delivered by the SC. She also referred to a 2017 judgment which was delivered by the SC in the Manipur encounter case wherein the police gunned down 32 persons; the SC had directed registration of FIR against them as it is the case of culpable homicide. The petitioner, Women’s Rights and Peoples Organisation, sought registration of a case against the police officers who participated in the encounter. The counsel said in the Disha case the NHRC guidelines have been blatantly ignored.
The bench was adjudicating the batch of PILs filed by Women’s Rights and People’s Organisation, seeking a judicial inquiry into the encounter at Chatanpalli on December 6, 2019 where the accused were gunned down by the police.
Arguments in the case are to continue on September 4.
