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Adilabad District Court sets law in motion against Police in alleged fake encounter case

District Sessions Court of Adilabad. Image courtesy e-courts.gov.in

On February 15, 2018, the District Sessions Court of Adilabad, Telangana, ordered a lower court to set the law in motion against the 29 police personnel who had participated in the alleged encounter of one Cherikuri Rajkumar @Azad, Central Committee Member of CPI(M), and Hemchandra Pandey, a journalist from Delhi, on the night of July 1, 2010.

After the deaths, Bineeta Pandey, Hemachandra Pandey’s wife and Swamy Agnivesh, a social activist filed two writ petitions before the SC alleging that the two had been killed in a fake encounter by the Andhra Pradesh police in violation of their Rights under Article 21 of the Indian Constitution.

The Supreme Court had ordered the CBI to register a case under Section 302 of the IPC and to investigate the encounter. The CBI filed a final report closing the case in 2013.

Thereafter, the relatives of the deceased challenged the CBI report and petitioned a lower court to take cognizance of the case against the police. The Magistrate Court of Adilabad, after recording the evidence of Swamy Agnivesh and the medical officer who conducted post-mortem, dismissed the case.

Lawyers of the Civil Liberties Committee filed the present revision petition against this order and won the case. Now, we have to watch the next moves of the CBI and Telangana police.

Read the order here.
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