Disha case: SC makes report proving fake encounter public

“There is nothing confidential. Someone has been found guilty and now the state has to look into this. The High Court has to take it and try the accused for the crime,” CJI NV Ramana said.
file photo of police rounding up the encounter site
file photo of police rounding up the encounter site
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The Supreme Court on Friday, May 20, refused to keep Justice VS Sirpurkar Commission’s report in a sealed cover, proving that the accused in the Disha rape case were killed in an extra judicial manner. The apex court insisted that the Commission's report be made public since it was an “encounter” case, and directed that the report of the Commission of Inquiry be shared with all involved parties. The court has sent the matter to the High Court of Telangana for further proceedings — specifically, to try the police officers for murder.

The report submitted by the Sirpurkar Commission says the accused in the gangrape and murder of a veterinarian in Hyderabad in 2019, were not trying to escape the police as claimed by the officials. Concluding that the accused were murdered in an extra-judicial manner, the Commission also said that three of the four accused who were killed by the police were minors, and that the police know this at the time of the killing. The extra judicial killings were led by then Cyberabad Police Commissioner VC Sajjanar on December 6. 

Appearing for the Telangana government, senior advocate Shyam Divan told the bench of Chief Justice of India NV Ramana and Justice Hima Kohli that the report must be kept confidential. To this, the CJI remarked: “There is nothing confidential. Someone has been found guilty and now the state has to look into this. The High Court has to take it and try the accused for the crime,” according to Bar and Bench.

However, advocate Divan insisted that the report should be kept sealed. Responding to this, the CJI asked what was confidential about a public inquiry. Expressing that they cannot monitor the case on a daily basis, the CJI said that the matter should proceed in the High Court and the copies of the Commission’s report should be given to the parties involved in the case.

Advocate Divan argued that if the report is unsealed, “It will have an impact on administration of justice.” Justice Kohli questioned the claim. The CJI, unconvinced with the argument, as quoted by Livelaw, said: “If there's a matter regarding grave security etc we will consider, [but] this is an encounter case. The committee was appointed and has submitted a report. There's no question of our further examining the matter, let the HC hear the matter.  Ultimately some end has to be there. Without looking at the report, you can’t make submissions right?”  

CJI NV Ramana has been averse to the practice of sealed covers. In this practice, the Supreme Court and sometimes lower courts accept information from government agencies in sealed envelopes which can only be accessed by the judges. In March this year, while hearing the Muzaffarpur Shelter case, the CJI questioned why the report was in a sealed cover. 

 The Sirpurkar Commission – comprising former SC judge Justice VS Sirpurkar and comprising former Bombay HC judge Justice Rekha Baldota and former CBI Director Karthikeyan — was set up on December 12, 2019, to inquire into the circumstances leading to the encounter of four accused in the Disha rape case,  namely Mohammed Arif, Chintakunta Chennakeshavulu, Jollu Shiva, and Jollu Naveen. They were accused of rape and murder of a veterinary doctor near Shadnagar in Hyderabad in November 2019.

Just two days after arresting the accused on charges of rape and murder, the four accused were taken to the crime spot early in the morning, for allegedly “recreating the scene” and “to collect evidence.” The police claimed that the accused attacked the police and attempted to escape after seizing their weapons, and they were subsequently shot dead. 

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