Encounter Death Of Maoists: Telangana HC Directs Re-Postmortem On Contention Of Wiping Of Evidence Of Encounter [Read Order]

In a significant order, the Telangana High Court last week directed the re-postmortem of the three deceased persons (two women and one man), allegedly killed by the Naxal Wing of the state police in an alleged cross-fire between the police and the maoists on September 23.Chief Justice Raghvendra Singh Chauhan and Justice B. Vijaysen Reddy further directed that the re-postmortem examination shall be conducted by a team of Forensic Experts from MGM Hospital, Warangal, and also photographs and a videograph of the same shall be taken. "The same shall be submitted before this Court. lt is made clear that after such re-post mortem examination, the respondents shall hand over the dead bodies of all the three deceased persons to their relatives", ordered the division bench.The bench was hearing a PIL by Prof. Gaddam Laxman, in connection with the alleged encounter which took place on 23.09.2020 at 7:00 PM in the forest of Chennapuram of Cherla Mandal. "The petitioner prays for the relief of declaring the action of the respondents herein in brutally killing two women and one male unknown persons in the alleged encounter as illegal, arbitrary and violative of Articles 14 & 21 of the Constitution of lndia, and to further declare the action of the respondents in not registering the crime under Section 302 of IPC against the perpetrators of crime as being illegal, arbitrary and violative of Articles 21 of the Constitution of lndia and various international Covenants on Human Rights ratified by Union of lndia", noted the bench.When the matter was taken up for hearing, the counsel for the petitioner advanced that the naxal wing of the Police Department of Bhadrachalam brutally murdered the said three persons and are hastily taking steps to hand over the dead bodies to the relatives of the deceased persons, so as to ensure that the evidence of the alleged brutal encounter is wiped out.ln response thereto, Mr. B. S. Prasad, the Advocate General, submitted copies of Telugu version of three documents, dated 24.09.2020, styled as "Receipt of handing over of the dead bodies". The Advocate General also read out the contents of the documents and brought to the notice of the Court that three persons, namely (i) Sodi Jogaiah (male), (ii) Madakam Mangi (female) (iii) Madakam Malli (female), were killed in the crossfire between the Police and Maoists in the forest area and they died in the encounter. "The learned Advocate General further submits that Post Mortem examination was conducted, which was also videographed, and after all the required formalities have been concluded, the dead bodies have also been handed over to their relatives and acknowledgement to that effect has been taken on all the three receipts", the bench recorded.The counsel for the petitioner, vehemently contended that since there is every possibility of screening of evidence, it would be just and proper to direct that a re-post mortem be conducted on the dead bodies of all the three deceased.The bench noted the submission of the Advocate General that the dead bodies of all the three deceased persons have been handed over to the relatives of the deceased, who reside in the rural area. However, he informed the Court that immediately, steps will be taken to direct all the concerned to see that the dead bodies of the three deceased persons are not cremated and to conduct re-postmortem examination."ln the circumstances, this Court directs the respondents to recover the dead bodies of all the three deceased persons, mentioned hereinabove, from their relatives and handover ihem to Bhadrachalam Area Hospital. This Court further directs that re-postmortem examination shall be conducted by a team of Forensic Experts from MGM Hospital, Warangal, and also photographs and videograph of the same shall be taken. The same shall be submitted before this Court. lt is made clear that after such re-post mortem examination, the respondents shall hand over the dead bodies of all the three deceased persons to their relatives'', the bench directed.Click Here To Download Order[Read Order]

Encounter Death Of Maoists: Telangana HC Directs Re-Postmortem On Contention Of Wiping Of Evidence Of Encounter [Read Order]

Mehal Jain

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