Disha Encounter: PILs in HC seeking registration of FIR U/s. 302 IPC against police

Hyderabad: The Telangana High Court’s division bench of CJ Alok Aradhe and Justice J Sreenivas Rao on Monday was informed about the stay orders passed by the single judge of Justice Bollam Vijaysen Reddy on the batch of writs filed by all the 10 police officers, who participated in the fake encounter at Chatanpally, Shadnagar, when the four accused were gunned down.

The police officers had filed individual writs in the HC, seeking a stay on the Justice V S Sirpur Commission report dated January 28, 2022, which recommended registration of FIR U/s. 302 IPC against all the 10 officers.

Though, the CJ bench adjudicated the batch of PILs on the ‘Disha’ encounter couple of times and arguments of Vrinda Grover, senior counsel, were heard at length, the above aspect was not brought to its notice.

When the bench was informed about the above development, CJ Aradhe questioned Vrinda Grover about its impact on the PILs, which are being heard. Responding, she said the writs filed by the police officers, the petitioner was not made a party; she sought an adjournment to argue on the aspect.

On May 1 2024 Justice Vijaysen Reddy, while hearing the writs filed by the police officers, “stayed” the Sirpur commission report on the ground that they were not given a hearing before the report was finalised. The report was finalised by the commission ignoring the evidence of eyewitnesses and not taking on record, crucial evidence placed by the police officers.

The judge, after hearing all the police officers elaborately passed orders, directed the State government not to take any coercive steps against the police officers and said the order continues to be in vogue.

The senior counsel appearing for the police officers informed the division bench that thentire contention of Vrinda Grover was to implement the commission report recommending registration of crime / FIR against all the police officers for participating in a fake encounter.

As the CJ bench is hearing the batch of cases, the “stay orders” passed by Justice Vijaysen Reddy is pivotal for further adjudication of the cases, he argued.

After hearing Vrinda Grover and the senior counsel representing the police officers, CJ Aradhe queried Advocate-General A Sudarshan Reddy, about his contention on the issue. The AG said it will be appropriate if all cases are clubbed and heard because there is a challenge to the commission report.

Taking into consideration AG’s contention, the bench adjourned the PILs to September 30 for further hearing. It directed the Registry to place all writs and orders passed by the single judge in the writs filed by the police officers for further hearing.

The bench was adjudicating the PILs filed by Women’s Rights and People’s Organisation, seeking a judicial probe into the encounter of December 6, 2019 at Chatanpally when four accused were gunned down by the police for the rape-murder of Disha (name changed). The Disha Commission has been constituted headed by former SC judge Justice Sirpurkar.

Hearing in the case was adjourned to September 30 for further arguments of AG and Vrinda Grover.