Firing case: Police asked to complete probe

By Our Legal Correspondent

HYDERABAD, DEC. 5. A Division Bench of the Andhra Pradesh High Court on Tuesday directed the State Additional Director- General of Police to complete the investigation of the incidents of firing upon the agitators protesting against the hike in power tariff in Hyderabad on August 28 within three months and initiate action against the police officers, if found to have used excessive force.

The Bench, comprising Mr. Justice Bilal Nazki and Mr. Justice V. Eswariah, was disposing of two writ petitions filed in this regard. It may be recalled that after the recent hike in power tariff, opposition parties in the State called for a `chalo Assembly' programme. The agitators were fired at near the Basheerbabh crossroads, resulting in the death of two persons. There were allegations that excessive force was used against the agitators. The State unit of the People's Union of Civil Liberties (PUCL) and the Andhra Pradesh Civil Liberties Committee (APCLC) filed writ petitions in the High Court. The PUCL sought a judicial inquiry in to the incident. The APCLC requested the court to direct the registering of a case against the police officers and handing over of the case to the Central Bureau of Investigation (CBI).

The Bench heard arguments of the petitioners and the Advocate- General and passed a 16-page order. The Bench took note of the fact that cases had already been registered and the CID was investigating them. The Bench gave a series of directions.

The Bench, speaking through Mr. Justice Nazki, directed the Additional Director-General of Police to supervise the investigation and try to complete it within three months. The investigators were directed to specifically investigate whether the firing by the police was justified and, if justified, whether excessive force was used. The Bench asked the investigators to examine whether the firing was aimed at the chest and heads of the demonstrators with an intention to kill them.

The Bench made it clear that if the firing was found not justified or excessive force was used, action should be initiated against the erring officials as per the law. The Bench added a rider that the case shall not be closed without seeking permission from the court even if it was found that the firing was justified and no excessive force was used and the firing was not aimed at killing the demonstrators.

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Section  : Southern States
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