Is there evidence of top Maoist leaders being in police custody? Andhra HC
Synopsis
Key Takeaways
- The Andhra Pradesh High Court dismissed the habeas corpus petition due to insufficient evidence of police custody.
- The court directed petitioners to provide concrete proof if they wish to continue the case.
- Ongoing operations against Maoists raise critical civil liberties issues.
- Police officials confirmed that they have no knowledge of the whereabouts of Devuji.
- The ruling highlights the balance between law enforcement and civil rights.
Amaravati, Nov 21 (NationPress) The Andhra Pradesh High Court on Friday refused to intervene in a habeas corpus petition submitted by the relatives of CPI (Maoist) general secretary Thippiri Tirupathi, also known as Devuji, and another prominent Maoist figure, Malla Raji Reddy, citing the absence of evidence indicating their presence in police custody.
The bench, consisting of Justice C Manavendranath Roy and Justice G. Tuhin Kumar, stated that the petitioners may approach the court again if they present any evidence.
The petitioners, Tippiri Gangadhar, brother of Devuji, and Snehalatha, daughter of Raji Reddy, had submitted petitions requesting the Andhra Pradesh Police to produce Devuji and Raji Reddy before the court.
They alleged that the two Maoist leaders were detained by police following an encounter in the Alluri Sitharamaraju district on November 18, where police reportedly announced the arrest of nine significant leaders.
During the hearing, advocate U Jaibheem Rao, representing the petitioners, argued that Devuji and Raji Reddy were captured during the operation and urged the court to compel the police to produce them. He further mentioned that some security personnel accompanying the two leaders were arrested.
In response, special public prosecutor T Vishnuteja denied the claims, asserting that Devuji and Raji Reddy were not in police custody.
Initially, the High Court had directed the petitioners to provide evidence to support their claims and adjourned the hearing until Friday.
Upon resuming the hearing, the petitioners presented a video clip featuring a police officer’s media interaction, during which he confirmed that nine security guards of Devuji were arrested but stated that Devuji was not in police custody.
The division bench concluded that there was no prima facie evidence suggesting the two Maoist leaders were in police custody, thus refraining from intervening.
It emphasized that intervention in a habeas corpus petition is only warranted when substantial evidence of illegal custody is presented.
On November 18, police apprehended around 50 Maoists across five districts of Andhra Pradesh shortly after an encounter in the Alluri Sitharamaraju district, where top Maoist commander Madvi Hidma, his wife Raje, and four others lost their lives.
The following day, seven Maoists, including explosives expert Metturi Joga Rao, also known as Tech Shankar, were killed in the same district.
Additional Director-General of Police (Intelligence) Mahesh Chandra Laddha clarified on Wednesday that the police had no information regarding the location of Devuji.
“We lack any knowledge about Devuji’s current whereabouts. He might be in Chhattisgarh or Telangana. He is not in our custody. We have arrested his protection team, and once we converse with them, we will ascertain their plans,” he stated.
Similarly, Director General of Police Harish Kumar Gupta confirmed on Thursday that Devuji was not in police custody.