38.6c New Delhi, India, Sunday, April 21, 2024
Crime, Police And Law

Hyderabad encounter: Enquiry Commission files application before SC seeking extension of time amid lockdown [READ APPLICATION]

By Prachi Misra      25 July, 2020 12:38 PM      0 Comments
Hyderabad encounter Enquiry Commission files application

An application has been filed by the Enquiry Commission before the SC seeking an extension of six months for submission of final report in the matter pertaining to the investigation of the alleged encounter of four accused persons on 6th December 2019 in Hyderabad. 

The application filed by Advocate K. Parmeshwar submits that circumstances raised due to COVID-19 have “hindered the sittings of the Enquiry Commission as the three members of the commission reside in different cities and the place of Enquiry is in a wholly different city as well.”

The application states that Enquiry Commission was not halted due to the pandemic and collection of records and documents as well as statements of persons acquainted with the incident went on despite the current situation.

On 12th December 2019 the SC had directed for constitution of an Enquiry Commission to investigate the encounter of four accused persons in Hyderabad on 6th December, 2019. The four accused were in custody of police in connection with rape and murder of veterinary doctor.

The commission is being headed by former SC Judge, Justice VS Sirpurkar, and comprises of former Judge of the Bombay High Court, Justice RP Sondurbaldota and former Director of Central Bureau of Investigation, DR Kaarthikeyan. A period of six month has been given for completion of the Enquiry since date of its first sitting.

The Telangana HC had given permission for accommodation of the Enquiry Commission and also sanctioned for creation of 19 new posts to aid the functioning of the commission.

The terms of reference of the Enquiry Commission were thereafter framed by the SC on 10th January, 2020 and directed for an Enquiry into the “circumstances that led to the death of the aforementioned four persons and to ascertain as to whether any offence appears to have been committed in the course. If yes, to fix the responsibility of erring officials.”

The first sitting of the Enquiry Commission was held on 3rd February 2020 and a public notice was furnished to come forward and furnish information to the commission. 

The application stated that, 1365 affidavits were filed in Telegu which needs to be translated in English. It was further submitted that relevant records from the NHRC investigation team, SIT Investigation team have been collected as well as post-mortem reports.

The application submits that due to the nationwide lockdown the work by Enquiry Commission was halted. And the possibility of conducting online hearings had difficulties such as that of confidentiality.

“Moreover, the Enquiry requires physical inspection of the scene of incident and other related locations, which is also not possible in a virtual hearing. Conducting Enquiry, without physical hearings, spot inspections and so on, do not appear feasible.”

The application prays for further extension of six months for submission of the report from the date the commission resumed. It further prays that directions to be given to Telangana government to enable continued functioning of the Enquiry Commission.

The matter was listed before the SC bench headed by Chief Justice of India SA Bobde on July 24, 2020.




Share this article:

Leave a feedback about this

Trending Judiciary
SC orders medical examination of 14-yr-old rape survivor seeking to terminate her 28-week pregnancy

Supreme Court orders medical examination of 14-year-old rape survivor seeking termination of 28-week pregnancy. Decision to be made after evaluating impact on her health.

20 April, 2024 11:00 AM


Trending Legal Insiders
Need to safeguard judiciary from unwarranted pressures: 21 ex-judges write letter to CJI

21 ex-judges write to CJI Chandrachud urging protection of judiciary from pressures undermining its integrity and autonomy.

15 April, 2024 12:17 PM
Trending Judiciary
SC notice to ED; declines early date on plea by Delhi CM Arvind Kejriwal against arrest

SC issues notice to ED, declines early hearing on Delhi CM Kejriwal's plea against arrest in liquor scam.

15 April, 2024 03:08 PM
Trending Law School
Call For Chapters: Gender-Based Violence and Religion

Calling For Book Chapters: As an editor, Dr. Amit Anand, Assistant Professor, School of Legal Studies, REVA University, Bengaluru, is inviting people to contribute to a book, entitled "Gender-Based Violence and Religion." This book is scheduled to be published by Cambridge Scholars Publishing.

15 April, 2024 04:21 PM
Trending Top Stories
Cannot stop any public rally, Bombay HC on allegation that Ram Navami processions deliberately pass through Muslim-majority areas

The Bombay High Court calls upon the Maharashtra Police to ensure that no law and order issues occur during a Ram Navami rally in a Muslim-majority area in Mumbai.

15 April, 2024 06:36 PM


Join Group

Signup for Our Newsletter

Get Exclusive access to members only content by email