Hyderabad: After the Supreme Court upholding the verdict of the erstwhile AP High Court wherein it was directed that FIRs be registered against cops in encounter killings, the Telangana High Court on Wednesday directed the Magistrate of Yellandu Court in Khammam district to record the statements of four eyewitnesses in the encounter killing of Linganna, Commander of CPI(ML) New Democracy.
The Division Bench Comprising Chief Justice Raghavendra Singh Chauhan and Justice Shameem Akhter, was dealing with a PIL alleging that it was a fake encounter and seeking directions that cases be registered under section 302 IPC on the Police party which participated in the alleged fake encounter.
The list of eyewitnesses was furnished by Mr Verose Raghunath, the counsel for the petitioner Gaddam Lakshman, on being directed by the court during the last hearing.
The court wanted to ascertain the information whether the deceased was lifted by the police parties or he was killed in the encounter.
As per Counsel, Mr Dalasari Sammiah (now in judicial custody in Warangal sub jail) Ramaswamy, Yelliah and Singaiah were agriculturists and were residents of Rallagadda village and they were eye witnesses.
He added that they were not coming forward to make statements on the encounter due to fear as many cases had been registered against them by the Police and there was danger to their life, if they uttered anything about the fake encounter.
The court directed the Principal Secretary of the Telangana State Home Department to provide Security to the eyewitnesses and it also directed the Judicial Magistrate to record their statements under section 164 Criminal Procedure Code and such statements should be submitted to the High Court by August 28, 2019.
The PIL has been further adjourned to August 30, 2019 for further adjudication.
The Bench observed that if it found that the encounter was fake, then it would direct the State government to follow the guidelines promulgated in the Supreme Court on fake encounters.
However, after the court passed these directions at the post-noon session of the court, Mr J. Ramachandra Rao made a special mention before the Bench at the end of the post-noon session, pleading that the order of the court be modified, stating that Mr. Raghunath had misled the court regarding the three eyewitnesses (except Dalasari Sammaiah), as they were related to Punnam Lingaiah, the deceased Naxal who was killed in the alleged fake encounter.
But Chief Justice Chauhan, while refusing to modify its order, questioned the AAG as to why did he had maintained silence regarding the eyewitnesses as the case was listed three times.
Further, the Court questioned as to why the State was so concerned on the aspect, when the Court had directed the Magistrate to record the statements of the four eyewitnesses.
