Hyderabad shooting echoes in Telangana HC, Supreme court.

Source – indiatoday.in

Two days after the alleged encounter killing of the four men accused of the gruesome rape and murder of a 26-year-old in Hyderabad, the issue of the legality of the encounter came up before the Telangana High court as well as the Supreme Court.

The Telangana High Court had taken suo motu cognizance of Friday’s incident on Saturday and had issued directions to the Hyderabad police to preserve the bodies of the four accused for the purpose of the inquiry.

On Monday, a PIL was mentioned for urgent hearing before the apex court by advocate GS Mani, claiming that the encounter may have been illegal and in violation of the norms laid down by the Supreme Court regarding the treatment of prisoners. The PIL also alleges that the Hyderabad police could have created the fake encounter to divert attention from the gruesome rape and murder, and the lapses of the police department in registering the FIR and conducting the investigation.

The PIL has claimed that the celebrations and praise given to the police following the encounter seems to indicate that there is no meaning of civilized societies and there is no hope that we all are governed by rule of law.

It further alleged that there was a chance that police could destroy the evidence in the case, particularly relating the circumstances of the encounter. The PIL has sought Supreme Court orders to initiate an independent probe against the officials involved and argued that the probe should be conducted by the CBI, CID or police personnel from a different state. In addition, the plea has asked the apex court to retrain the police officers involved in the encounter from engaging in their official duties, to ensure that the evidence is not tampered with.

The matter was mentioned before the bench of CJI SA Bobde, Justice BR Gavai and justice Suryaknat on Monday morning. The bench was initially reluctant to take up the issue, with the CJI pointing out that the case was already being heard by the Telangana High Court. However, the SC has now agreed to consider the matter on Wednesday.

Meanwhile, as similar concerns regarding the validity of the alleged encounter have been raised in Telangana, The state high court on Monday extended its order to preserve the bodies. The Telangana HC directed the police to preserve the bodies by moving them to the Gandhi Hospital in Hyderabad, in an air-conditioned vehicle, and to ensure that they are preserved till Friday. The bench will now hear the matter on Thursday, giving time to the apex court to also consider the issue and pass orders, if necessary.

The rape and murder of the 26-year-old vet in Hyderabad last month sent shockwaves through the country, with massive protests across the country demanding speedy justice for rape victims. The Friday morning encounter has brought in accolades for the police, with even the victim’s family saying that the accused deserved this justice. However, the circumstances of the encounter have raised several questions, with activists and lawyers questioning whether the steps taken by the Cyberabad police led to a fake encounter killing.