Book murder case on encounter cops’

By S A Ishaqui
Hyderabad,March 12: Mr Padmanabha Reddy, the senior criminal lawyer of the AP High Court on Wednesday submitted to a larger bench that a case of murder should be registered against police personnel who participate in encounter killings.The court appointed Mr Reddy as amicus curie to assist the larger bench which has been hearing arguments on a batch of writ petitions seeking disclosure of the names of the police personnel who participated in encounters.
While summing up the arguments, continued from thelast 10 days, he said that there is no other option before the police except registering a case when an information about a cognizable offence was received by the station house officer.Referring to the encounter deaths, Mr Reddy said when an information with regard to a fire and counter fire between the Maoists and police was received by a SHO ,he is booking a case under Section 307 (Attempt toMurder) only and not registering a case of murder (302of IPC) against police even though naxalites are killed in such encounters. And this is not permissible in the law.
Mr Padmanabha Reddy informed the court that the police cannot claim exceptions at the stage of registering a case. He said they can claim either general or special exceptions available in the Acts during the course of trial.The senior criminal lawyer explained to the court that if a boy, aged below seven years, commits a cognizable offence, it is not punishable under the law. However,a case has to registered against the boy and during the course of investigation, the investigation officer should collect the relevant evidence to prove that the boy is lessthan seven years old.Mr Reddy submitted that at the stage of registration of a case, the question of who is the offender and what is his age and position does not arise. It would be dealt during the course of investigation.He said that as per Sections 154 and 157 of CriminalProcedure Code the police have no discretion except to register a case under Section 302 against the police personnel who participate in encounter killings or such encouters resulting in death of naxalites.