Mekala Sarojinamma v. Chief Secretary to Government Of A. P.
2001-09-26
S.B.SINHA, V.V.S.RAO
body2001
DigiLaw.ai
S. B. SINHA, C. J, J. ( 1 ) THIS writ petition is taken up as a public interest litigation upon a complaint by the petitioner alleging that the police have killed seven persons branded as naxalites in a fake encounter on 21-3-1997 at Lakshmapur village, Jinnaram Mandal, Medak district. The relief prayed in the writ petition is as follows: to issue an order or direction more particularly one in the nature of writ of mandamus or any other appropriate writ directing the respondents to bring - all the dead bodies to the Osmania general Hospital, Hyderabad as there are no adequate facilities at Narsapur government Hospital where presently the dead bodies are kept ready for postmortem and also direct the respondents to take a video photographic pictures of all the dead bodies before and during the post-mortem and direct the respondents to hand over the bodies to the relatives. . . . . . . . . and also direct an independant agency other than the police department to register a crime under Section 302 I. P. C. for investigation and pass such other or further order or orders as deemed fit and proper in the interest of justice. ( 2 ) PURSUANT to an order of this Court on 22-3-1997 the dead bodies were brought to the Osmania General Hospital. By an order dated 25-3-1997 this Court directed thus:. . . . we direct the first and fourth respondents herein to forthwith appoint a committee of Experts who are not below the rank of Professor/associate professor in a recognised Medical college in the State, which committee must include at least one professor/ associate Professor in Forensic medicines to examine the bodies with reference to the inquest report and the report of post-mortem examination allegedly held at Government Hospital, narsapur and in case, they are prima facie, of the view that the post-mortem examination report does not correctly reflect the nature of injuries and the cause of the death, to hold a second post-mortem examination of the bodies which are allegedly recovered after the occurrence at village Lakshmapur, jinnaram Mandal, Medak District. In case, second post-mortem examination is held, R-1 shall make all arrangements to get the same video graphed. . . . .
In case, second post-mortem examination is held, R-1 shall make all arrangements to get the same video graphed. . . . . ( 3 ) PURSUANT to or in furtherance of the directions by this Court the Central Bureau of Investigation (for short "the CBI") made a thorough investigation and submitted a report to this Court. Its conclusions are: from the statements of the close relatives, villagers and sympathizers, the deceased have been identified as gaddam Srinivasa Reddy, Siddi ramulu, Borra Syamala, Pasham syamala, Mekala Damodar Reddy, gorla Kumaraswamy and ch. Bharatamma. The fact that all the deceased persons belong to the CPI ML pwg is proved from the following: (I) The statements of the villagers, close relatives and sympathisers. (II) The involvement of the deceased in a number of criminal cases. (III) Five of the deceased were in Olive green Uniform at the time of incident. (IV) The recovery of two. 303 rifles, two sbbl guns and one DBBL gun, live and empty ammunitions and party literature from near the dead bodies of the deceased. The investigative finding that the two. 303 rifles and one SBBL gun were robbed from two police stations and a private person. (V) The State Forensic Science laboratory report linking the empties recovered from the scene of occurrence with four (out of the five) weapons recovered from near the dead bodies of the deceased at the scene of crime and the expert opinion that they were in firing condition and were fired earlier. (VI) The Serology report of the State forensic Science Laboratory that the blood of human origin was detected from the blood stained clothes of the dead bodies and the samples of blood stained earth near the dead bodies recovered from the scene of crime. (VII) The fact that a cash reward of Rs. 8 lakhs and Rs. 2 lakhs was declared for the arrest of the deceased damodar Reddy and Siddi Ramulu. (VIII) Detailed report on the Lakshmapur encounter as published in Jung a secret magazine of PWG, wherein it is stated that seven out of twelve pwg members were killed in an encounter with the police and only five could escape due to non-following of the set procedures. It is also mentioned that the PWG members fired on the police first. The names of all the 7 dead PWG members were mentioned in the said magazine.
It is also mentioned that the PWG members fired on the police first. The names of all the 7 dead PWG members were mentioned in the said magazine. (XI) The statements of some of the sympathisers during their open speeches as reported in the newspapers that the deceased were the members of the PWG. ( 4 ) NO objection to the said report was filed. Sri S. Ramachandra Rao, the learned counsel appearing on behalf of the petitioner, would submit that from a perusal of the said report it would appear that chances of the victims having been shot at a close range cannot be ruled out. The learned counsel would further contend that no second post-mortem examination was done and thus the possibilities to the effect that the victims were deliberately killed in a fake encounter cannot be ruled out. ( 5 ) THE learned Advocate General on the other hand submits that not only pursuant to the direction of the Court the CBI has conducted a second post-mortem examination, all steps have also been taken in this regard. ( 6 ) IN the public interest litigation, the court s power is to see that action be taken in accordance with law by the statutory authorities. The Court shall also interfere wherever it is found necessary to protect and preserve the fundamental rights and other constitutional rights of the citizens of India. The National Human Rights Commission having regard to the frequencies of such encounters has already issued several guidelines. A Division Bench of this Court, however, thought it fit to entrust the investigation of the matter keeping in view the nature of the allegation, to the CBI. A thorough investigation was made by it. It, upon a thorough investigation, could not come to a definite prima facie finding of commission of an offence warranting submission of charge sheet against the police officers. ( 7 ) IN our opinion, it is not for this Court to direct any further investigation or probe into the matter by any other agency. Law has to be enforced as far as possible only through the statutory agencies.
( 7 ) IN our opinion, it is not for this Court to direct any further investigation or probe into the matter by any other agency. Law has to be enforced as far as possible only through the statutory agencies. As noticed hereinbefore, in this case an independent agency like CBI had been entrusted with the burden of investigation, and as it appears from the report all steps had been taken, a second post-mortem examination has also been done and sufficient evidence was not found for issuance of charge sheet. This court cannot issue any direction to the contrary. ( 8 ) FOR the reasons aforementioned, this court is of the opinion that no further action need be taken. The Writ Petition is accordingly disposed of. There shall be no order as to costs.