The Hindu : NBW against police commissioner

Online edition of India's National Newspaper
Saturday, May 03, 2003

Southern States

Southern States - Andhra Pradesh

NBW against police commissioner

By Our Staff Reporter

VIJAYAWADA MAY 2. The Third Metropolitan Magistrate, D Venkata Ramana, has issued a `non-bailable warrant' (NBW) against the Vijayawada Police Commissioner, N.V.Surendra Babu, and four others in connection with a custodial death that occurred last July, here today. The Magistrate forwarded the NBW to the DGP for execution.

The Magistrate took on file the killing of Kondaboina Srinivas alias Budda Santhan, under Section 302 (punishment for murder), 201, 149, 120(B) read with 34 of the IPC.

The death of Budda Santhan, who was taken into custody in the case of murder of the TDP leader, Edupuganti Satyanarayana, had created a sensation in the city in the second week of July, 2002. According to the police, Buddha Santhan grabbed the sub-inspector's revolver and tried to run out while being interrogated at 2.30 a.m. on July 14. The ASI and sentry on duty opened fire killing him near the police station gate.

The Magistrate in his order said: "It is a clear case of murder by the officials when the accused was in judicial custody.'' The illegal acts done by them were highly improper and they established material for prima facie case.

The Police Commissioner, the Assistant Commissioner, D.Rami Reddy, the Governorpet SI, G. Srinivas, the ASI, Babu Rao, and sentry, Nancharaiah, were listed as the five accused in the private case filed by Budda Santhan's aunty, B. Rama Devi. The case was filed in accordance with a resolution passed by the Bezawada Bar Association.

Budda Santhan and an associate, Rajanala Muralikrishna, were arrested at Ravulapalem, East Godavari district, on July 10. He confessed in the presence of reporters that he had murdered the TDP leader for insulting Muralikrishna's sister when she went to the Durga temple. The TDP leader was hacked to death with an axe and knife when he was returning home after playing shuttle in the morning.

On July 13 the Third Metropolitan Magistrate sent Budda Santhan to remand and ordered that he be produced in the court on July 15, next court working day. He was killed in the early hours of July 14.

The Magistrate said the interrogation of the accused in judicial custody without permission of the court was "illegal and it clearly established the highhandedness of the police.'' The Magistrate said from the evidence given by the eight witnesses it was clear that the Police Commissioner and the ACP visited the police station prior to the incident.

The Bezawada Bar Association president, Velagapudi Ramakrishna, said members held an emergency meeting on July 15 and resolved to appoint a committee to take legal action. The then association president, Nandigam Vishnu, the former secretary, Pilla Ravi, the Krishna district Bar Federation president, P. Gowtham Reddy, the Indian Association of Lawyers State general secretary, T. Haragopal, the civil rights activist, D. Srinivas, Matta Jayakar and Sunkar Rajendra Prasad were made members of the panel with noted criminal lawyer, Karnati Rama Mohan Rao, as chairman. Mr. Ramakrishna said that the Bezawada Bar Association was in the forefront of the struggle to protect civil rights.

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