Peoples Union For Civil ... vs The State Of Telangana
2021 Latest Caselaw 3819 Tel

THE HON'BLE THE CHIEF JUSTICE SATISH CHANDRA SHARMA
                         AND
     THE HON'BLE SRI JUSTICE A.RAJASHEKER REDDY

                WRIT PETITION (PIL) No.62 OF 2021

ORDER: (Per the Hon'ble the Chief Justice Satish Chandra Sharma)


      The present Public Interest Litigation has been filed

by People's Union for Civil Liberties, Telangana stating that

a crime was registered vide Crime No.63 of 2021 at

Addaguduru Police Station, Rachakonda Commissionerate

for the offence under Section 381 IPC and the police in the

name of investigation have tortured one Smt. Mariyamma

as well as her son. It has been further stated that

Mariyamma suddenly fell sick and was brought to the

nearby hospital and she was declared as dead. It has been

further stated that the fact finding enquiry took place in

the matter on 21st and 22nd June, 2021 and it came to the

notice of the Authorities that the deceased (Mariyamma)

and others were lifted by the police in the name of

investigation on 16.06.2021, they were tortured and

consequently resulting in death of Mariyamma. Her son

Uday Kiran gave a statement against the police in the fact

finding inquiry. The following relief has been prayed in the

writ petition:-

            "It is therefore prayed that this Hon'ble Court
     may be pleased to issue an appropriate Writ, Order or
     Direction, more particularly one in the nature of Writ
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    of Mandamus, directing a Judicial Enquiry into the
    death of deceased Mariyamma, dated 18.06.2021 as
    reported in FIR No.63/2021 and to take action against
    the errant officials involved in the murder as per law
    and to direct the state to pay exemplary compensation
    of Rs.5,00,00,000/- (Rupees five crores only) and to
    recover the same from the salaries of errant officials in
    the interest of justice and to pass such other order or
    orders   as   are   deemed       fit   and   proper   in   the
    circumstances of the case."


     Earlier, during the course of arguments as the

petitioner also wanted Central Bureau of Investigation

(CBI) to investigate this matter, this Court directed

impleadment of CBI.


     The undisputed facts reveal that this Court by an

order dated 24.06.2021 directed Judicial Inquiry as prayed

for to be conducted in the matter. A Judicial Inquiry has

been conducted by the Judicial Magistrate of First Class,

Alair. Report has been submitted by the learned Magistrate

and paragraphs 15 to 22 of the said Report are reproduced

as under:-

         "15.     On 19.06.2021 the Team of Doctors of
    Government Hospital Bongir have conducted Post
    Mortem Examination. PW6/Dr Kranthi Kiran deposed
    that he along two doctors have conducted Post Mortem
    Examination over the body of deceased Mariyamma at
    12.00 p.m. PW6/Dr Kranthi Kiran deposed that, there
    are external injuries on the body of the deceased. On
                              3




external examination the doctors noticed (i) contusion,
brown coloured seen on both forearms and arms
measuring    7   cm   each       (front)   (obliquely   seen),
(ii) contusion seen on both thighs measuring 10 x 7
cm each, brown coloured obliquely (front) is shown,
(iii) Linear abrasion measuring 4 cm length seen on
left forearm on back side, (iv) Point abrasions seen on
left leg below knee, middle third of left leg and inner
aspect of left foot (3 in number), (v) Abrasion
measuring 2.5 x 0.5 cm seen on lower third of left
forearm above wrist, (vi) Linear abrasion measuring 3
cm length seen on outer aspect of left elbow, (vii) Point
abrasions seen on right leg below knee middle third of
right leg (2 in number), (viii) Abrasion measuring 0.5
cm x 0.25 cm seen on left arm on posterior aspect in
the middle. All abrasions mentioned above are reddish
brown in colour. He also deposed that the Post Mortem
Examination is video graphed. PW7/Dr Pavani and
PW8/Dr Sai Ram deposed that they both accompanied
PW6/Dr Kranthi Kiran and conducted Post Mortem
Examination and found External injuries on the body
of deceased Mariyamma.

     16.    The PW10/Uday Kiran and PW11/Vemula
Shanker also deposed that on 18.06.2021, they were
examined by the doctor who gave one T.T. injection
and given O.R.S., and some tablets. PW10/Uday Kiran
asked SI about his mother and he stated that his
mother is undergoing treatment in the hospital.
Thereafter the police constables took both of them in
one vehicle and started making rounds on the road in
the said vehicle. The police took them to the hotel and
had given Tiffin. Thereafter, the police took them to the
places where no people are seen and asked Uday Kiran
to remove the pant and to stand in the air, since the
                                4




skin out of injuries sustained was sticking to his pant.
The police have parked the vehicle in the bypass road
in the night and they slept in the vehicle. On the next
day i.e., on 19.06.2021 morning the police Addagudur
took both PW11/Vemula Shanker and PW10/Uday
Kiran to a petrol bunk for brushing the teeth.
Thereafter they have provided some Tiffin and they
also took tablets. The police took them to one R.T.A
office and when the people started moving, the police
took them to some venture. The police took them to
their relatives in Bhongir and in the mean time they
informed Uday Kiran that his mother expired and the
police handed over Uday Kiran to his relatives namely
Pethuru, Philip. Further PW11/Vemula Shanker has
deposed that he was handed over to his relatives
Edukondalu        and     Vemula    Narsaiah.        Further,    he
deposed that the Police have obtained sureties and the
Police have also given Rs.5,00,000/- to the elders of
Uday Kiran. The deceased body was handed over to
the   relatives    on     19.06.2021     and     funerals       were
conducted at Komatlagudem village.

      17.      The      daughter    of   Mariyamma        PW13/
Vinukonda Sujatha deposed that, on 18.06.2021 in
the afternoon hours the Police informed them that her
mother was admitted in the Hospital and was in
serious      condition.     She     along      with     husband
PW14/Vinukonda           Nagaraju    have      rushed     to     the
hospital. In the mean time they came to know that her
mother expired from the Reporters. Thereafter, both
PW13/Vinukonda            Sujatha    and      PW14/Vinukonda
Nagaraju went to the mortuary and they came to know
from the doctors that Mariyamma expired due to heart
attack.     The   family    members      of    the    Mariyamma
                               5




deposed that she was not suffering from any disease
and do not have any ailments.

       18.     Since, there are contradictions noted in
respect of the external injuries sustained by the
deceased/Mariyamma in Inquest Panchanama and the
Post Mortem Report, the Re-post Mortem examination
was conducted on 02.07.2021 by Team of doctors
headed by Forensic Science Experts of Kakatiya
Medical College, Warangal, with the consent of the
family members, the same was also video-graphed.

       19.     Thereafter the doctor who conducted Post
Mortem Examination on examining the Toxicology
report and Histopathology report issued the final Post
Mortem Examination Report and the cause of death of
deceased Mariyamma is "Ischaemic Heart Disease".
Ex.P.23.

       20.     Further, the Tem of doctors of Forensic
Science      Medicine,   of   Kakatiya   Medical   College,
Warangal also issued the Re-post Mortem Examination
report which disclose that there are injuries on the
body of deceased i.e., (1) Contusion 4 x 2 cm extending
from the base of the thumb to anterior aspects of the
forearm of the right upper limb, (2) Contusion
measuring 2 x 1 cm lateral side of right ankle region.
Further on examination of the Histopathology Report
and Toxicology Report, the cause of death is due to
"Sudden Cardiac Arrest and Death" under Ex.P.26.

       21.     Therefore, statements of witnesses i.e.,
P.W10/Ambadipudi          Uday    Kiran,    PW11/Vemula
Shanker, PW12/Kashimalla Swapna supported by the
Post    Examination      Report   and    Re-post   Mortem
Examination it can be concluded that, there was ill
                                6




treatment of Ambadipudi Mariyamma in the hands of
Police, Addagudur while she was in Police custody.
Further, as per the Post Mortem Examination Report,
there are several external injuries found on her body.
The same was also corroborating with the Re-post
Mortem Examination Report as to presence of External
injuries. The cause of death of deceased Mariyamma
as per Post Mortem Examination is due to "Ischaemic
Heart Disease" and as per the Re-post Mortem Examination

Report, the cause of death is due to "Sudden Cardiac

Arrest and Death". Further from the statements of the

family members there is no history of any ailments to
the deceased Mariyamma. Hence, the Point No.1 and 2
are accordingly answered.

       22.     In the result, the Judicial Inquiry as
required under Section 176(1)(A) CrPC is concluded
with the following observations:
i)     the death of Mariyamma was occurred on
       18.06.2021 while she was in Police custody in
       connection with Crime No.62/2021 of Police,
       Addagudur.
ii)    Further it is established that, there was ill
       treatment of the deceased Mariyamma in the
       hands of Police Addagudur when she was in the
       police custody.
iii)   Further the cause of death as per the Post
       Mortem Examination is due to "Ischaemic Heart
       Disease".

iv)    The Repost-Mortem Examination Report disclose
       as per the Histopathology Report:
        a) Neovascularisation within the coronaries of
             the left atrium, fatty infiltration seen in both
             atriums and right ventricle may be due to
             age related changes,
                                   7




           b) Myocardial hyperplasia of the heart may be
              due to long standing disease like chronic
              hypertension or diabetes,
           c) Cell infiltrated inflammatory changes in the
              heart muscle and congestion of blood vessels
              of the heart indicates sudden cardiac arrest
              due to arrhythmias,


    v)    The cause of death as per the Re-post Mortem
          Examination Report, the cause of death is due to
          "Sudden Cardiac Arrest and Death".

          Accordingly, this Report is being submitting to
    the Hon'ble High Court for the State of Telangana in
    obedience to directions in W.P. (PIL) No.62 of 2021
    along with the Statements of witnesses and the
    documents, Post Mortem Examination and Re-post
    Mortem Examination Report in sealed cover."


     The learned Advocate General appearing for the State

has informed this Court that pursuant to the order passed

by this Court, Re-post Mortem was also done in the matter

of the deceased at Khammam on 02.07.2021 and a counter

affidavit has been filed in the present petition. Paragraphs

12 to 21 of the said counter affidavit are reproduced as

under:-

           "12. It is hereby submitted that the case
    registered in FIR No.62/2021 u/S 381 IPC on the file
    of Addagudur PS is under investigation and the
    averments made by the petitioner with regards to the
    contents of crime No.63/2021 are false and with
    regards   the   same,    it   is   submitted   that   Smt.
                               8




Mariyamma suddenly fell sick while she was in the 3rd
respondent Police Station and when she was taken to

the nearby hospital, she was pronounced 'brought dead'. As such, during the course of taking her to the hospital, the deceased has died and her son was admitted to hospital for treatment of his injuries.

13. It is hereby submitted that the petitioner's averments with regards to the deceased's son and his friend being tortured for two days by the respondents or that the respondents killing their mother are false and hold no water. It is hereby submitted that on the basis of statements given by Mr. Uday Kiran (son of the deceased) and the MLC vide OP No.101119 dated 20.06.2021 issued by Dr.Kranthi Kiran, Civil Assistant Surgeon, District Head Quarter Hospital, Khammam in which he opined that the injuries received by the injured Sri Ambadipudi Uday Kiran are "simple in nature", the provisions of Section 330, 341, 506 IPC and Section 3 (2) (Va) of SC/ST (PoA) Act, 2015 were added to the existing Section of law 176 1 A (a) CrPC in the contents of crime No.63/2021.

14. It is respectfully submitted that on the basis of the statements of Smt. Kasimalla Swapna (younger daughter of deceased), the role of 3rd respondent and his staff PCs-2012 Sri Janaiah and 3056 Sri Rasheed Patel of Addagudur Police Station has been established in the assault and wrongful confinement of the deceased, her son and Mr.Shankar and as such, the 3rd respondent Sub Inspector of Police, Addagudur PS Sri V.Maheshwar and Police Constables Sri Rasheed Patel PC-3056 and Sri Janaiah PC-2012 were dismissed from the services by the 2nd respondent vide D.O. Nos.1783/2021, 1784/2021 and 1786/2021 dated 20.07.2021 under

sub-clause (ii) of TS Civil Services (CC & A) Rules, 1991 and under sub clause (b) of clause (2) of Article 311 of the Constitution of India, 1950 and they have also been served with Notices u/sec 41-A CrPC.

15. It is respectfully submitted that the allegations made by the petitioners that no proper procedure was followed by the respondents in Crime No.63/2021 is baseless as the investigation is in progress in Crime No.63/2021 on the file of Police Station, Addagudur and a proper enquiry will be done with regard to the same.

16. It is respectfully submitted that it is not correct on the part of the petitioners to allege that the respondents have not followed the guidelines of NHRC as the respondents have immediately submitted the custodial death report in the present case to the Commission as per the guidelines of NHRC.

17. It is relevant to mention herein that the Post-Mortem into the death of Mariamma was conducted by a team of doctors, namely, Dr. A. Kranti Kiran, Asst. Forensic, Dr. M.Pavani, CAS Pediatrics and Dr. M.Sai Ram, AS (DMO) and the same was video graphed and the Post-Mortem report with regard to cause of death is awaited. The Re post-mortem of the deceased was conducted on July 2nd pursuant to the enquiry conducted by Hon'ble Judicial First Class Magistrate, Alair.

18. It is respectfully submitted that the CC TV footage of the 3rd respondent Police Station was last recorded on 27 May 2021 and since then the same has not been in a working condition. There are 18 police stations in Yadadri-Bhongir Dist/Zone and CCTV cameras have been installed in all the 18 PSs of the

district in compliance with the Judgment/ direction of the Apex Court in the case of Paramvir Singh Saini v Baljeet Singh & Others reported in 2020 SCC OnLine SC 999. It is relevant to mention that CCTVs were installed in Addagudur PS in September 2020 with a back up of 20 days. Thereafter, in 3 PSs CCTVs have sustained repair and the functioning was restored on 25 June 2021. The CCTV at Addagudur PS stopped functioning on 27 May 2021 due to cable damage and its functioning was restored on 25 June 2021.

19. It is respectfully submitted that as prayed by the petitioner and in accordance with the orders passed by this Hon'ble Court, the Judicial Inquiry is being conducted by the Hon'ble Judicial First Class Magistrate, Alair and the same is in progress.

20. It is hereby submitted that the Government has given compensation to the family members of deceased by issuing cheques to an amount of Rs.15,00,000/- in favour of Sri Ambadipudi Uday Kiran (son of deceased) and Rs.10,00,000/- each in favour of Smt. Kasimalla Swapna (younger daughter of deceased) and Smt Inukonda Sujatha (elder daughter of deceased) as compensation. The son of deceased Sri Uday Kiran was also provided with a job in Social Welfare Department as subordinate.

21. It is hereby submitted that this respondent craves leave of this Hon'ble Court to reserve the right to file any additional counter affidavit if circumstances so warrant."

The counter affidavit reveals that criminal cases have

been registered against the police personnel posted in the

police station. The counter affidavit also reveals that the

third respondent/Sub Inspector of Police Sri V.Maheshwar,

along with police constables Sri Rasheed Patel and Sri

Janaiah have been dismissed from service by an order

dated 20.07.2021 keeping in view the statutory provisions

as contained under Telangana State Civil Services

(Classification, Control and Appeal) Rules, 1991. They have

already been served with notice under Section 41A of Code

of Criminal Procedure and the investigation is going on.

Not only this, the counter affidavit further reveals that the

Government has given compensation to the family

members to a tune of Rs.15,00,000/- (Rupees fifteen lakhs

only) in favour of Sri Ambadipudi Uday Kiran (son of the

deceased) and Rs.10,00,000/- (Rupees ten lakhs only) each

in favour of Smt. Kasimalla Swapna (younger daughter of

the deceased) and Smt. Inukonda Sujatha (elder daughter

of the deceased). The State Government has also provided

a job in Social Welfare Department to Sri Uday Kiran, the

son of the deceased. Meaning thereby, the State

Government has taken some remedial steps in respect of

the custodial death.

The crime has already been registered against the

police officials in respect of death of Smt. Mariyamma and

the Report of the Judicial Inquiry is on record. The Report

includes the statements of all persons along with material

documents in respect of the crime, which has already been

registered against the police personnel. In the light of the

action taken by the State Government and the findings

arrived at in the Judicial Inquiry, which has been done by

the Judicial Officer, no further orders are required to be

passed in the present Public Interest Litigation and it shall

be duty of the State to bring the criminal case registered

against the police personnel to a logical conclusion by

investigating the matter with promptitude and by

proceeding ahead in accordance with law to generate

confidence in the heart of the citizens of the country.

With the aforesaid, the present Public Interest

Litigation stands disposed of. Miscellaneous petitions, if

any pending, shall stand dismissed. There shall be no

order as to costs.

The record of Judicial Inquiry be kept in a sealed

cover with the Registrar General of this Court.

__________________________________ SATISH CHANDRA SHARMA, CJ

_____________________________ A.RAJASHEKER REDDY, J

29.11.2021 Pln