Hyderabad Encounter: Supreme Court sets up inquiry commission to probe the encounter killing of four rape accused
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Hyderabad Encounter: Supreme Court sets up inquiry commission to probe the encounter killing of four rape accused

Shruti Mahajan

The Supreme Court today directed for the constitution of an inquiry commission to probe the encounter killing of four rape accused men in Hyderabad on the morning on December 6.

The Bench of CJI SA Bobde, Justices Abdul Nazeer and Sanjiv Khanna directed for the Commission to be headed by the former Supreme Court Judge VS Sirpurkar. The panel would also comprise former Bombay High Court Judge, Rekha Sondur-Baldota and former CBI Director DR Karthikeyan.

The commission is to sit in Hyderabad and is required to complete its inquiry within six months from the first day of sitting. Justice Sirpurkar, the chairman of the commission shall decide the first day of the sitting of this Commission. The Court specified, that the commission will have all the powers listed under the commission’s of inquiry Act.

The State of Telangana has been directed to provide all the facilities relating to travel, lodging, boarding, among others as well as security for the members of the probe Commission.

One of the petitioners in the case, advocate ML Sharma, had also sought a media gag in the case. However, the Court which was prima facie not inclined to gag the media, has issued notice to the Press Trust of India and the Press Council of India on the question of restraining the media coverage.

The Court has restrained any other Court or authority from conducting an inquiry in the matter pending the report of this Commission or till any further orders passed by the Supreme Court itself.

The Court had, yesterday, expressed its inclination to set up an inquiry commission to look into the encounter case. When the matter was taken up for hearing today, the State of Telangana, represented by Senior Counsel Mukul Rohatgi, was reluctant to set up an independent probe in the matter.

Rohatgi submitted that in compliance with the PUCL judgment of the Supreme Court, an SIT has been constituted by the State of Telangana and that this SIT is headed by an IPS officer of the rank of commissioner of Police. Rohatgi submitted before the Court that First Information Reports (FIR) had been registered by the Police against the deceased accused persons on the charge of attempted murder. He submitted further, that the Police officers fired in retaliation after being attacked by the accused men, two of whom had even snatched the arms from two police officers present at the site.

CJI SA Bobde, unimpressed with this submission, said,
Telangana-Encounter-SC-order-Dec-12.pdf
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