SC stays Andhra HC ruling on encounter deaths

S A Ishaqui
Hyderabad, March 4: Andhra Pradesh Civil Liberties Committee has been preparing to continue its legal battle in the Supreme Court to prevail the verdict of the AP High Court on encounter killings. Former Chief Justice of Delhi High Court, Justice Rajinder Sachar would likely to appear on behalf APCLC in the apex court.

On February 6, a five member bench of the High Court held that registration of First Investigation Report is must against the police officers for the death caused to any person during the discharge of official duties including encounters.

The apex court on Wednesday granted an interim stay on the judgment of the five member bench of the High Court. It was a major relief for the Andhra Pradesh police.

The state government, to avoid any sort of negative impact or criticism, it strategically fielded the AP Police Officers Association to move a special leave petition in the Supreme Court.
Legal fraternity of the High Court expected that the government will prefer an appeal against the five member bench verdict in the apex court. Surprisingly the Police Officer’s Association comes into the fray.
Soon after the High Court verdict, legal experts associated with the APCLC decided to file a caveat application in the apex court. But, it did not do so, as there was a difference of opinion among the senior advocates who perused the case in the High Court.

However, a bench headed by Chief Justice K G Balakrishnan stayed the decision of the High Court when the petition in this regard was mentioned by senior advocate Mr Harish Salve.

Mr Salve, appeared on behalf of the AP Police Officers Association and argued if such directions are passed then all police officers involved in thwarting attack on the Parliament and the National Security Guard commandos who killed the terrorists involved in Mumbai terror attacks would have to face criminal cases.
"If this law is to be considered, then all police officers would be made accused," he said before the bench, also comprising of Justices P Sathasivam and J M Panchal.

Referring to the directions of the High Court, Mr Salve said "This would mean that no action could be taken against the terrorists and subversive elements."