Ensure That Lady Advocate Who Wrote A Letter To CJ Related To Alleged Custodial Death Of A Person Is Not Threatened' Telangana HC Directs State DGP [Read Order]

The Division Bench of Chief Justice Raghvendra Singh Chauhan and Justice B. Vijaysen Reddy gave the above said directions while hearing a PIL wherein Advocate P.V. Nagamani sought both, police protection and stringent action to be taken by this Court against the Police Department.

The Background of the Case

Dealing with the alleged custodial death of one Seelam Rangaiah, Smt. P. V. Nagamani, a practising advocate of Telangana Court, had addressed a letter to the Hon'ble Chief Justice, on 26.05.2020. According to Advocate Nagamani, Mr. Sheelam Rangaiah was brought to the Manthani Police Station and was kept under lock-up for four days.

During this period, he was allegedly subjected to custodial torture. Subsequently, unable to bear the police atrocities, it was claimed that Mr. Rangaiah died in the lock-up under suspicious circumstances on 26.05.2020 at 4:00 a.m.

Advocate Nagamani prayed before the Court to direct the Respondents therein to register the FIR as custodial death for the offences under section 176 (2) Cr.P.C and u/s 302 of IPC and to conduct re-post mortem examination on the dead body with a team of Doctors to trace out the original facts, to stop the cremation of the deceased Sheelam Rangiah and also to conduct a judicial enquiry into the death of Sheelam Rangaiah

The said letter was treated by the Telangana High Court as a Public Interest Litigation, and cognisance, on the basis of the said letter, was taken by this Court.

By order dated 27.05.2020, the Court had directed Mr. Anjani Kumar, the Commissioner of Police, Hyderabad, to personally investigate the case with regard to the alleged incident, which had taken place in the Police Station, Manthani, on 26.05.2020, and to submit his Report.

Consequently, the Report was submitted before the Court on 19.06.2020. Since the Report was a confidential one, the Court directed that the Report shall be kept under the custody of the learned Registrar General of the Court.

In order to be fair to the counsel, Nagamani, the Court permitted her to take the notes from the Report, and if necessary, to file her counter to the said Report.

Advocate Nagamani later informed the Court that ever since the said permission to file the counter to the Report was given to her, both she and her husband were constantly being harassed by the police force, both at Manthani, which is their native place, and in Hyderabad.

According to her, her husband has been falsely implicated in F.I.R. No. 176 of 2020 on 02.09.2020, registered with Police Station, Basanth Nagar, Ramagundam District.

Moreover, according to her, she was being threatened over the phone by the Police Department, that in case she were to file a counter to the Report submitted by Mr. Anjani Kumar, the Commissioner of Police, Hyderabad, not only her life but also the lives of her children and other family members will be in danger.

Moreover, according to her, the concerned Circle Inspector of Police had threatened to commit suicide, in case, the case filed by Advocate Nagamani is not withdrawn by her.

Therefore, she sought both police protection, and stringent action be taken by this Court against the Police Department. The above facts have been narrated verbally by Ms. Nagamani, before this Court.

Court's Order

The Court noted,

"Before any Order can be passed by this Court, it is essential that her allegations be placed before this Court in the form of an Affidavit. Therefore, Ms. Nagamani is directed to submit an Affidavit of her own, as well as an Affidavit of her husband, Mr. Gattu Vaman Rao, with regard to the allegations that they proposed to make against the Police Department. Such Affidavits shall be accompanied by any documentary evidence to substantiate their allegations. The said Affidavits shall be filed by them by 11.09.2020."

The Court further directed,

"Meanwhile, this Court directs the Director General of Police, Telangana State, to ensure that neither Ms. Nagamani, nor her husband, Mr. Gattu Vaman Rao, is threatened by any Police Officer, and that they are not called to any police station as long as this case is sub-judice before this Court."

Case Details:

Case No.: WP(PIL) No -102 of 2020

Quorum: Chief Justice Raghvendra Singh Chauhan and Justice B. Vijaysen Reddy

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