Telangana High Court
Prof S.Seshaiah vs The Govt A.P on 5 November, 2024
THE HON'BLE THE CHIEF JUSTICE ALOK ARADHE
AND
THE HON'BLE SRI JUSTICE J.SREENIVAS RAO
WRIT PETITION NO. 10419 OF 2009
ORDER:
(Per the Hon'ble Sri Justice J.Sreenivas Rao)
This writ petition is filed for the following relief:
"....... to issue an order or orders more particularly
one in the nature of writ of Mandamus declaring that the
act of the respondent Nos.3 and 4 in arresting both Patel
Sudhakar Reddy and Venkataiah at Shirdi at about 8-30
a.m. on 23/05/2009 and subsequently killing them and
throwing their dead bodies at Lavvala area and claiming it
an encounter as illegal, arbitrary and violative of Art. 21 of
the constitution of India and pass.."
2. Heard Sri R.Mahadevan, learned counsel for the petitioner
and Sri S.Rahul Reddy, learned Special Government Pleader
attached to the office of the learned Additional Advocate
General for the State of Telangana appears for respondent
Nos.1 to 4.
3. Brief facts of the case:
3.1 The petitioner averred that he is a President of Andhra
Pradesh Civil Liberties Committee and two Maoist Leaders
namely Patel Sudhakar Reddy and Venkataiah were picked-up
by the S.I.B. Police at Shirdi at about 8-30 a.m. on 23.05.2009
and detained them illegally and subsequently they were killed
in cold blood by the S.I.B. Police, Hyderabad and their dead
bodies were thrown in Lavvala Forest Area, Tadvai Mandal,
Warangal by claiming it as an encounter on 24.05.2009 as
usually done by the police and the same is contrary to the
Judgment passed by the erstwhile High Court of Judicature,
Andhra Pradesh at Hyderabad in Writ Petition No.15419 of
2006 dated 06.02.2009. Therefore, the petitioner sought
direction to respondent authorities to prosecute and punish the
erring police officials who are involved in the said encounter.
4.1 Respondent No.3 filed counters affidavit on his behalf and
on behalf of respondent Nos.1, 2 and 4 denying the averments
made by the petitioner inter alia contending that on 23.05.2009
the Station House Officer (SHO), Tadvai Police Station on
receipt of reliable information that the outlawed underground
extremists belonging to CPI (Maoist) were gathering in Lavvala
forest and they were armed with sophisticated, deadly and
prohibited bore weapons and improvised explosive devises and
preparing to attack the police station or police parties, SHO,
Tadvai Police Station informed the same to his superior officials
rushed to Lavvala forest area along with adequate force to
prevent a cognizable offence under Section 149 of Cr.P.C. On
24.05.2009 at about 5-30 a.m. while the police party was
searching in the Lavvala Forest by taking all precautions from
being ambushed by the Maoists, they noticed a group of 20-25
extremists clad in olive green dress and armed with weapons,
and the SHO, Tadvai P.S. questioned them to disclose their
identity and ordered them to stop moving further. Meanwhile,
without any provocation from the side of police party, the
extremists opened indiscriminate fire with an intention to kill
the police personnel and to snatch their weapons. Police party
warned the extremists to stop firing and surrender, in spite of
the same, they continued firing.
4.2 It is further averred that as there was no other option,
on the direction of the SHO, Tadvai P.S., police party also
opened fire against the miscreants with an intention to disarm
and restrain them from firing. After firing was stopped from the
extremists' side, police party also stopped firing. On search of
area, police party found two dead bodies of male extremists and
sophisticated fire arms and ammunition as well as cash of
Rs.20,000/- at the scene of offence and the police learnt that
other miscreants escaped from the scene as a part of tactics of
guerrilla war. From the clues available at the scene, the
miscreants were identified as members of outlawed Maoist
naxal group but correct identity of deceased was not
established immediately.
4.3 Thereafter the S.H.O., Tadvai P.S. sent a written report
about the occurrence to the police station and the same was
registered as a case in Crime No.34 of 2009 under Sections
148, 307 r/w. 149 IPC and Section 24(1)(B) & (C), 27 of Armed
Act and Section 174 r/w. 176 Cr.P.C. of Tadvai P.S. on
24.05.2009. During the inquest, the deceased were identified
by the ex-underground cadre of the CPI Maoist as Patel
Sudhakar Reddy and Kanugula Venkataiah @ Prasanna @
Shankar @ Kumar @ Venkati @ Bhujanga Reddy and the
postmortem examination was conducted over the dead bodies of
the deceased persons by the Medical Officer, Government
Community Health Centre, Eturunagaram. Thereafter, as per
the directions of erstwhile High Court of Judicature of Andhra
Pradesh at Hyderabad, re-postportem was conducted over the
dead body of Patel Sudhakar Reddy and since the dead body of
Kanugula Venkataiah was already taken by his family
members, re-postmortem examination was not conducted.
4.4 It is further averred that Patel Sudhakar Reddy is accused
in Crime No.487 of 199 of S.R.Nagar Police Station, Hyderabad,
as he along with other extremists conspired and killed Shri
C.Umesh Chandra, IPS in Hyderabad City on 09.09.1999. Patel
Sudhakar Reddy is accused No.3 in Crime No.42/2000 of
Ghatkesar Police Station, Nalgonda District, as he along with
15 others of CPI (ML) Maoists blasted land mines on the
National Highway near Ghatkesar ROB and killed Shri Alimineti
Madhava Reddy, former Home Minister of united Andhra
Pradesh. Along with the said cases, he is the accused in
several other landmine blasting cases namely Crime No.57 of
1999 of Veepanagandla Police Station, Mahabubnagar District,
Crime No.69 of 2001 of Bandlamotu Police Station, Crime
No.59 of 2003 of Thirumala-II Town Police Station of Chittoor
District, and Crime No.83 of 2007 of Kota Police Station.
4.5 It is further averred that Patel Sudhakar Reddy is also
accused in several Police Stations attack cases namely Crime
No.3 of 1999 of Bommalaramaram Police Station, Nalgonda
District, Crime No.57/2000 of Thirumalagiri Police Station,
Nalgonda District, Crime No.28 of 2001 of Yerragondapalem
Police Station, Prakasham District, Crime No.71 of 1998 of
Yadagirigutta Police Station, Nalgonda District. Patel Sudhakar
Reddy is also accused in Crime No.106 of 1986 of
Eturunagaram, Warangal District, Crime No.1 of 1992 of
Investigation Cell, Intelligence, Andhra Pradesh, Hyderabad,
Crime No.15/2000 of Peddakothapalli Police Station,
Mahaboobnagar District, Crime No.4 of 2001 of Achampet
Police Station, Crime No.65 of 2006 of Achampet Police Station,
Crime Nos.70 and 73 of 2007 of Amrabad Police Station,
Mahabubnagar District, Crime No.41 of 2007 of Lingala Police
Station, Crime Nos.90 and 91 of 2007 of Amrabad Police
Station, Crime No.91 of 2007 of Amrabad Police Station, Crime
Nos.52 and 53 of 2007 of Lingala Police Station, Crime No.1 of
2008 of Amrabad Police Station, Crime No.2 of 2008 of
Siddapur Police Station, Crime No.2 of 2008 of Amrabad Police
Station and Crime No.58 of 2008 of Amrabad Police Station.
4.6 It is further averred that the respondents specifically
denied that the deceased persons were picked up from Shirdi,
tortured, killed them and thrown their dead bodies into forest.
The incident leading to the death of Patel Sudhakar Reddy and
Kanugula Venkataiah had occurred when they opened fire
against the police personnel, police opened fire against the
extremists in self defense.
5. Submissions of learned counsel for the petitioner:
5.1 Learned counsel for the petitioner contended that police
officials killed the victims by way of encounter on 24.05.2009
and thrown their dead bodies in the forest and respondent No.4
ought to have registered a case against the erred police officials.
However, respondent No.4 has not taken any steps to register
the crime and not disclose the particulars of the police
personnel who have committed the offence and the respondent
authorities ought to have followed the guidelines framed by the
larger bench judgment of High Court in W.P.No.15419 of 2006
dated 06.02.2009.
6. Submissions of learned Government Pleader:
6.1 Per contra, learned Government Pleader vehemently
contended that the deceased Patel Sudhakar Reddy and
Kanugula Venkataiah are extremists and they along with others
were involved in several criminal cases. After coming to know
about the movement of the extremists, on 24.05.2009 the police
party was searching in Lavvala forest by taking all precautions
from being ambushed by the Maoists. However, the extremists
started firing against the police party and in spite of they
warned to stop them and to surrender, they continued firing.
Therefore, after taking directions of the S.H.O., Tadvai Police
Station, police party opened fire against the miscreants with an
intention to disarm and restrain them from firing and the police
party only to safeguard their lives started firing against the
extremists. He further contended that aggrieved by the Order
dated 06.02.2009 in W.P.No.15419 of 2006, the Government
filed Special Leave Petition (Civil) No.5646 of 2019 and the
same was disposed of on 18.07.2019 taking into consideration
of the principle laid down in People's Union for Civil Liberties
and another vs. State of Maharashtra and others 1. He
further submitted that the police have already filed final report
in Crime No.34 of 2009.
Analysis:
7. We have considered the rival submissions made on both
sides and have perused the record.
8. The grievance of the petitioner as set out in the writ
petition is that the S.I.B police, Hyderabad, picked up Patel
(2014) 10 SCC 635
Sudhakar Reddy and Kanugula Venkataiah on 23.05.2009 at
Shirdi and detained them. Subsequently, the police personnel
killed them in an encounter on 24.05.2009 at Lavalla forest
area, Tadvai Mandal, Warangal.
9. The respondents have filed the counter wherein it has
been stated that on 23.05.2009, on receipt of reliable
information that outlawed underground extremists belonging to
CPI (Maoist) have gathered in Lavvala forest and were armed
with sophisticated deadly and prohibited bore weapons and
improvised explosive devises. The aforesaid underground
extremists have prepared a plan to attack the police station or
police parties. Thereupon, on receipt of the said information
the Station House Officer, Tadvai Police Station, along with
adequate force reached Lavvala forest area and was carrying
out the search in early hours of 24.05.2009. The police party of
Station House Officer, Tadvai Police Station, noticed a group of
20-25 extremists clad in olive green dress and armed with
weapons. Thereupon, the Station House Officer, Tadvai Police
Station, asked them not to move further.
10. Thereupon, without any provocation from the police party,
the extremists opened indiscriminate fire with an intention to
kill the police personnel and to snatch their weapons.
Thereupon, the police also opened fire in self-defence. After the
exchange of fire, the police party found sophisticated fire arms
and ammunition as well as cash of Rs.20,000/- at the scene of
offence. A written report about the occurrence of the incident
was sent to the police station and the same was registered as a
case in Crime No.34 of 2009 under Sections 148, 307 read with
Section 149 IPC and Sections 24(1)(B) & (C) of the Arms Act and
Section 174 read with 176 of Cr.P.C of Tadvai Police Station on
24.05.2009 and the same is pending.
11. As per the material on record, Patel Sudhakar Reddy is
one of the accused persons who was involved in killing of Sri
C.Umesh Chandra, IPS officer, on 09.09.1999 in Hyderabad.
He was also accused in killing of Shri Alimineti Madhava
Reddy, the then Home Minister of united Andhra Pradesh.
Along with the said two cases, there were several criminal cases
pending against the deceased in various police stations in the
States of Telangana and Andhra Pradesh.
12. The official respondents have filed the counter affidavit
sometime in the month of April, 2015. The petitioner has not
chosen to file a reply to controvert the facts stated by the official
respondents in the counter affidavit. There is no material on
record to indicate that Patel Sudhakar Reddy and Kanugula
Venkataiah were arrested from Shirdi and were brought to
Lavalla forest area, Tadvai Mandal, Warangal. The issue
whether or not the aforesaid persons were killed in an
encounter is an issue of fact, which cannot be adjudicated in a
writ petition in the absence of any rebuttal from the petitioner.
13. For the aforementioned reasons, we do not find any merit
in the writ petition.
14. Accordingly, the writ petition is dismissed. No costs.
As a sequel, pending miscellaneous applications, if any,
shall stand closed.
___________________
ALOK ARADHE, CJ
_______________________
J.SREENIVAS RAO, J
Date: 05.11.2024
PGP
