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Encounter Death of Maoists: Telangana HC Directs Re-Postmortem on Contention of Wiping of Evidence of the incident

Encounter Death of Maoists: Telangana HC Directs Re-Postmortem on Contention of Wiping of Evidence of the incident
 A PIL has been filed by Prof. Gaddam Laxman, in connection with the alleged encounter which took place on 23.09.2020 at 7.00 PM in the forest of Chennapuram of Cherla Mandal.

 Here the “petitioner prays for the relief of declaring the action of the respondents herein in brutally killing two women and one male unknown persons in thin the alleged encounter as illegal, arbitrary and violative of Articles 14 & 21 of the Constitution of India, and to further declare the action of respondents in not registering the crime under Section 302 of IPC against the perpetrators of the crime as being illegal, arbitrary and violative of Articles 21 of the Constitution of India and various international Covenants on Human Rights ratified by Union of India", noted the bench

 The Telangana High Court held by the bench of Chief Justice Raghvendra Singh Chauhan and Justice B. Vijay Sen Reddy directed the re-post-mortem of the three deceased persons (two women and one man), allegedly killed by the Naxal Wing of the state police in an alleged crossfire between the police and the Maoists on September 23.

 The Court also orders that the “re-post-mortem examination shall be conducted by a team of Forensic Experts from MGM Hospital, Warangal, and also photographs and a video graph of the same shall be taken. "The same shall be submitted before this Court. lt is made clear that after such re-post mortem examination, the respondents shall hand over the dead bodies of all the three deceased persons to their relatives". 

 The Advocate General, Mr. B. S. Prasad in reply submitted the copies of Telugu version of three documents, dated 24.09.2020, styled as "Receipt of handing over of the dead bodies he Advocate General also read out the contents of the documents and brought to the notice of the Court that three persons namely (i) Sodi Jogaiah (male), (ii) Madakam Mangi (female) (iii) Madakam Malli (female), were killed in the crossfire between the Police and Maoists in the forest area and they died in the encounter.

The bench noted the submission of the Advocate General that the dead bodies of all the three deceased persons have been handed over to the relatives of the deceased, who reside in the rural area. However, he informed the Court that immediately, steps will be taken to direct all the concerned to see that the dead bodies of the three deceased persons are not cremated and to conduct re-post-mortem examination.

ln the circumstances, this Court directs the respondents to recover the dead bodies of all the three deceased persons, mentioned here in above, from their relatives and hand them over to Bhadrachalam Area Hospital. This Court further directs that re-postmortem examination shall be conducted by a team of Forensic Experts from MGM Hospital, Warangal, and also photographs and videography of the same shall be taken. The same shall be submitted before this Court. lt is made clear that after such re-postmortem examination the respondents shall hand over the dead bodies of all the three deceased persons to their relatives'', the bench directed. 


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