DISHA CASE - CHARGES LAID AGAINST TELANGANA POLICE BY SC PANEL


Shubhi Rathore | Edited By Prabhat Bandhulya


A Judicial enquiry Commission appointed by the Supreme Court in 2019 has said that the police officers should be tried for the murder of the four suspects, three of them were minors, in the gang rape and murder of a veterinary doctor as the extra- judicial killings seem concocted.

The Commission led by Former SC Judge, J. V.S Sirpurkar has also established that there is fault on the part of Telangana Police, who refused to register FIR of the Parents of the victim. The Telangana Police denied to register stating lack of jurisdiction.


Order 409 (3) of the Andhra Pradesh Police Manual s violated in this case, as Order 409 (3) requires that:

• Information given in the police station regarding cognizable offences not having

jurisdiction should be registered by that police station.

• Jurisdiction should not be the ground to refuse registration.

• After registration the FIR can be transferred to the police station which has

jurisdiction.


However, the report of the commission noted that Order 409 (3) does not authorise the police station not having jurisdiction to investigate into the information. Nevertheless, in cases relating to information received of offences against women or children, the police station should investigate into the matter forthwith and later transfer it to the concerned police station.




‘EXTRA-JUDICIAL KILLING’

The Commission also found it “strange” that four of them could render so much strength to fight back or run away from an entire police escort team. It is wholly inconceivable that within such a short time the suspects could have snatched the weapons, disabled the security lock and used it to fire at the team. Rather, it was clearly visible from the injuries on the bodies of the four suspects that a proper aim was taken before fire.


Hence, as per the Commission the police officers should be tried for murder of the four suspects because no man can take law in his own hands.

This is not the first case where such negligence is shown in respect of cases involving offences against women.

After 2012 Delhi gang rape case, the recommendations for Zero FIR was given by the Justice Verma Committee, which means that FIR can be registered at any police station relating to Cognizable Offences whether such police station has territorial jurisdiction or not.


The Commission also averred that the cops were completely responsible for the safety of the suspects and their conduct shows that their act of firing was premeditated and deliberate with the intent to cause their death. The subsequent conduct also supports the aversion of the Commission as the police officers have also withheld information intentionally regarding the most crucial evidence of the case i.e; the CCTV footage because the State of Telangana is well equipped with CCTV cameras.


Custodial deaths have taken a rise in India, according to the reports of National Crime Records Bureau’s annual crime report total of 76 custodial deaths have been reported in 2020, Gujarat being the highest. A total of 1888 custodial deaths have been reported in India in 20 years.

The Law Commission in its 113th report submitted that Section 114B in the Indian Evidence Act

should be inserted which puts a burden on the police to state reasons as to any injury inflicted upon the accused.

The bench led by CJI N.V Ramanna allowed the report of the commission to be placed in public domain and has for further proceedings transferred the case to the Telangana High Court.


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