Telangana High Court Orders Magisterial Inquiry Into Death Of Hyderabad Rape Accused

The Telanagana High Court on Friday ordered a magisterial inquiry into the death of Palakonda Raju, the 30-year-old accused in the case pertaining to the rape and murder of a minor girl in Hyderabad. Raju had allegedly raped and murdered a 6-year-old girl in the Singareni colony of Hyderabad in Telangana following which the victim's body had been discovered by the police authorities on September 9 triggering widespread outrage. 

Consequently, the accused was found dead on a railway track at Ghanpur Station near Warangal last Thursday. The Telangana police authorities have maintained that it was a clear cause of suicide. Earlier when the accused had been absconding, the Telangana police had announced a cash reward of Rs 10 lakh for anyone who could come forward with information regarding the accused. 

However, various activists had raised concerns over the police's narrative since the death of the accused had been preceded by comments made by Malla Reddy, Telangana Labour Minister stipulating that the accused would soon be caught and killed in a staged encounter. The term 'encounter' has been frequently used by government and police personnel in recent times to justify extrajudicial killings of persons accused of heinous crimes. 

On Friday, a Bench comprising Acting Chief Justice MS Ramachandra Rao and Justice T. Amarnath Goud directed a magisterial inquiry into the 'death by suicide' of the accused by the 3rd Metropolitan Magistrate, Warangal under Section 176(1A) of the CrPC. The Magistrate has been instructed to submit a report to this effect to the Registrar of the High Court within 4 weeks. 

Furthermore, it was opined that the inquiry shall be attended by the police authorities, family members of the deceased as well as any person who might possess any information regarding the alleged suicide. 

The direction was passed while adjudicating upon a Public Interest Litigation (PIL) petition moved by President Prof. Laxman of the Civil Liberties Committee seeking a judicial inquiry into the death of the accused by contending that the death was a  'meticulously planned and calculated murder by the police.'

"The Police being the Department of the Government had taken the law into their hands and behaved themselves unto the Law without caring the sacred duty of the judiciary which adjudicates the crime and dispenses the justice. The alleged suicide of the accused / deceased namely Palakonda Raju is false and it is nothing but in response to the charged emotions of the members of public and public leaders, that instant justice is to be done.", the plea alleged. 

Furthermore, the petitioner contended that there exists an apprehension that the accused had met a similar fate as the four accused persons in the 2019 'Disha encounter case'.  A judicial inquiry panel set up by the Supreme Court is now probing the encounter. 

It was also contended that the police authorities are pawns at the hands of the ruling disposition and that such events could have adverse ramifications in society. 

"If the Police are allowed to act in this manner there is no guarantee to the lives of those people who really fall prey to the powers they are for doing acts contrary to the ruling establishments and also holding dissent political and democratic opinions either by the individuals or the collective organizations. If this police menace is unleashed the Government may derive a spontaneous overwhelming support from the citizenry which would be momentous and will die down after that particular event of police heroism. The Government should have a long term perspective of political, social ramifications in the society", the plea further added.

Finally, the petitioner alleged that the narrative of the police authorities is 'inconsistent and illegal' and violates the fundamental right guaranteed under Article 21 of the Constitution. 

Case Title: Prof Gaddam Laxman v. Government of Telangana