Hyderabad: A division bench comprising Justice M.S. Ramachandra Rao and Justice S.V. Bhatt on Monday granted respite to former DGP of erstwhile united Andhra Pradesh, K Arvinda Rao by setting aside an order of a single judge in which the judge ordered the Saifabad police of the city to probe into a complaint lodged against him and submit the report before the court.
A. Sundar Kumar Das, an IPS officer, lodged a complaint against Mr Aravinda Rao in 2009 when he was holding the post of additional director general of police (intelligence) of AP. Mr Das alleged that Mr Aravinda Rao had shown discrimination against him while giving him a posting because he belonged to the Scheduled Caste and asked the police to register a case against Aravinda Rao under SC, ST (Prevention of Atrocities) Act, 1989.
As police failed to act on his report, he moved the High Court. On December 30, 2014, a single judge directed the Saifabad police to act on the compliant and submit a report to the court within a month.
Aggrieved by the order, Mr Aravinda Rao moved an appeal before the bench contending that he is not a party to the case either before the High Court or the lower court and the judge passed the order without giving him an opportunity to be heard.
While setting aside the order, the bench found that the then inspector of police had asked the complainant to furnish more information as the complaint does not disclose a cognisable offence.
The bench opined that the issue of postings and transfers are purely service matters and they are in the realm of administrative tribunal and the police case, especially alleging atrocity, was strange.
Citing a verdict of the Supreme Court, the bench said that when the police themselves contended before the court in a counter affidavit that the complaint does not disclose a cognisable offence, a case cannot be ordered to be registered.
Amicus Curiae to hear plea for CBI probe
A division bench comprising Chief Justice Kalyan Jyoti Sengupta and Justice P.V. Sanjay Kumar of the Hyderabad High Court on Monday decided to appoint a senior counsel as amicus curiae to assist it in hearing a plea seeking a CBI probe into the encounter killing of three youth, including two students, allegedly involved in an acid attack in Warangal in December 2008.
The bench was dealing with a plea by the AP Civil Liberties Commi-ttee represented by its general secretary, Kra-nthi Chaitanya seeking to direct the CBI to register a murder case against V.C. Sajjanar, the then SP of Warangal district and other cops who participated in the killing of the deceased and award compensation to the deceased family for violation of human rights.
Counsel for the petitioner submitted that the police killed S. Srinivasa Rao and his two associates, B. Sanjay and P. Hari Krishna, accused in the acid attack on two girl students of Kakatiya Institute of Technology and Sciences (KITS) on December 13, 2008 at Nakkalapally village, Mamunoor Mandal of the district.
The three youth allegedly threw acid on the two girl students when they were returning home on December 10, 2008, counsel added.
He alleged that the police took the three accused into custody and had taken them to a place near Mamunoor hillock, where they had reportedly hidden the material used to target the two girl students and then killed them by creating a story of attacking policemen while trying to escape.
The bench felt that “this matter required larger attention. Hence we are inclined to appoint a senior counsel to assist the court as amicus curiae.”
The bench adjourned the case for 15 days.
