After the deceased were caught/taken in custody, they might have been taken to the jungle and where they were killed by the security forces and the police, he submitted.
Bilaspur: The Chhattisgarh High Court has said anti-Naxal operations, being part of regular counter-insurgency measures undertaken by State or Central security forces, cannot be subjected to investigation by a Special Investigation Team (SIT) unless exceptional circumstances warrant such intervention.
Dismissing a petition seeking an SIT probe into the killing of outlawed Communist Party of India (Maoist) Central Committee member K Ramachandra Reddy in an anti-Naxal operation in Narayanpur district last month, a division bench of Chief Justice Ramesh Sinha and Judge Bibhu Datta Guru said directing investigation by SIT into such regular field operations would not only undermine the federal structure of policing powers but also set a precedent inconsistent with established legal and administrative principles.
The order was passed on October 14.
Reddy’s son Raja Chandra (33), a resident of Theegalakuntapally in Telangana’s Siddipet district, had filed the petition seeking the constitution of an SIT comprising honest and upright police officers from outside Chhattisgarh. He had alleged that his father was killed by the security forces in a fake encounter.
According to police, Katta Ramachandra Reddy alias Raju Dada (63) and Kadari Satyanarayana Reddy alias Kosa Dada (67), both Central Committee members of the banned outfit, were killed in a gunfight with District Reserve Guard, a unit of the state police, on September 22 near the forested hills of Farasbeda and Toymeta villages in Abujhmad area.
Appearing for the petitioner, senior advocate Colin Gonsalves submitted in the HC that his client reasonably apprehends that his father K Ramchandra Reddy was executed by the police in a cold-blooded manner and subsequently a false story of an encounter was concocted.
Both the security forces and Naxals were hundreds in number, and after the encounter, only two persons died, and those were CC members of the Maoists, he said. It is highly suspicious that no other Maoists or security forces died or were injured in the “so-called encounter” when, normally, a Maoist leader of high rank is protected and surrounded by many other Maoists, he further argued.
After the deceased were caught/taken in custody, they might have been taken to the jungle and where they were killed by the security forces and the police, he submitted.
Gonsalves, referring to press releases, also raised questions over the timing of the encounter.
On September 17, a press release was issued by Politburo member (Mallojula Venugopal Rao alias Bhupathi) Sonu, wherein it was stated that due to changing circumstances, the Maoists wanted to give up armed struggle and join the mainstream.
Thereafter, on September 20, another press release was given by a person named Vikalp who is stated to be spokesperson of Maoist party. According to the police, deceased K Ramchandra Reddy was the spokesperson of the Maoist party and the second press release was issued by him stating that the previous press release was not issued by the Maoists and they did not intend to give up armed struggle. Just after two days of press release, Reddy was allegedly killed, he submitted.
The petitioner also raised questions on the nature of injuries on his father’s body.
Opposing the petition, state Advocate General Prafulla N Bharat described the encounter as genuine and submitted that following specific intelligence input, a police party was sent on search operation in Abhujmad area during which encounter took place between security forces and 20-25 Naxalites.