7 months ago
2
RAIPUR
The Chhattisgarh High Court has said that directing Special Investigation Team (SIT) probe into anti-Maoist operations would not lone undermine the national operation of policing powers but besides acceptable a precedent inconsistent with established ineligible and administrative principles.
Dismissing a petition seeking an SIT probe into the sidesplitting of Communist Party of India (Maoist) Central Committee subordinate Katha Ramachandra Reddy alias Vikalp successful an anti-Maoist cognition successful Chhattisgarh’s Narayanpur past month, a two-judge Bench of Chief Justice Ramesh Sinha and Judge Bibhu Datta Guru ruled that counter-insurgency measures undertaken by the State oregon Central Security forces, could not beryllium subjected to probe by the SIT unless exceptional circumstances warranted specified intervention.
In the fixed case, the petitioner, the precocious Reddy’s lad Raja Chandra, had sought the constitution of an SIT comprising of honorable and upright constabulary officers from extracurricular the State of Chhattisgarh alleging that his begetter was killed by the information forces successful a fake encounter.
Appearing connected Chandra’s behalf, elder advocator Colin Consalves submitted that the condition and the timing [of the encounter] indicated that the deceased persons were nabbed live by the Police with the assistance of their ain enactment members who helped the Police successful locating their whereabouts. The petitioner submitted that After the deceased were caught/taken successful custody, they mightiness person been taken to jungle and were they were killed by the information forces and the police,
On the circumstances, the petitioner submitted that some the constabulary and Naxals were hundreds successful fig and aft the encounter, lone 2 persons [the different being Kadari Satyanarayana Reddy alias Kosa Dada, different CCM of the banned outfit CPI (Maoist)] were killed. His counsel argued that it was highly suspicious that nary different Maoists oregon information forces person died oregon injured successful the “so-called encounter” erstwhile normally, a Maoist person of precocious fertile is protected and surrounded by galore different Maoists. Chandra besides raised questions connected the quality of injuries connected his father’s body.
On the timing, Chandra referred to a property merchandise successful which his begetter had opposed quitting arms struggle. The petition states, connected September 17, a property merchandise was issued by a polit bureau subordinate Comrade [Mallojula Venugopal Rao alias] Sonu that Maoists wanted to springiness up equipped conflict and articulation the mainstream portion 3 days later, different property merchandise “was fixed by a idiosyncratic named Vikalp who is stated to beryllium spokesperson of Maoist party”. “According to the Police, deceased Katta Ramchandra Reddy was the spokesperson of the Maoist enactment and the 2nd property merchandise was issued by him stating that the erstwhile property merchandise was not issued by the Maoists and they did not mean to springiness up equipped struggle,” the petitioner stated.
Notably, Sonu whose sanction figured successful Chandra’s petition surrendered on with 60 cadres surrendered successful neighbouring Maharashtra connected October 14, the time the Chhattisgarh High Court delivered the bid dismissing Chandra’s petition.
Opposing the petition, the State provided a elaborate rebuttal of the allegations and argued that the petition was bereft of merit and deserved to beryllium dismissed.
After listening to some the parties, the HC seat dismissed the petition and said that the petition was based purely connected the apprehension of the petitioner and his parent that the deceased did not dice successful an anti-Maoist operation. The tribunal besides noted that it was not disputed that the deceased was a habitual offender and a fig of transgression cases were registered against him.
