Categories: Other Courts

In Hyderabad encounter case, Supreme Court allows making enquiry commission report public

The Supreme Court in the case GS Mani and another versus Union of India observed in December 2019 public the alleged Hyderabad encounter, the court further allowed the report submitted by a Court-appointed judicial enquiry commission. It is left open to the parties to make submission; entire matter is transferred back to the High Court and the PIL is disposed of as HC to consider submissions of the parties. Furthermore, the court directed the Commission Secretariat to provide a copy of reports to both parties and a report was submitted by the Commission, stated by the bench while disposing of the matter. the Commission hearings were in public and the depositions were also made in public, stated by Vrinda Grover, A Senior Advocate, appearing for the petitioner that the Supreme Court had allowed the enquiry report into the Manipur killings under the AFSPA to be made public. Vrinda Grover further added that though it was a matter relating to the armed forces. The CJI NV Ramana stated that it is the matters of national security and the Court has done so, CJI further remarked as it is an encounter case. the Court has in past allowed reports to be sealed in past, submitted by Divan. Justice Kohli contended that why should this Court not put in public domain CJI NV Ramna further remarked on this that what is confidential is this, it is a public enquiry. The CJI further stated that once a report is there, the report has to be disclosed. Thereafter CJI expressly stated that the contents of the report have to be disclosed. the alleged encounter killings fo 4 men on 06.12.2009, who were accused of gangrape and murder of a veterinarian doctor, to enquire into the alleged case an enquiry has been contended by the Supreme Court and constituted a commission headed by former SC judge Justice VS Sirpurkar and comprising former Bombay HC judge Justice Rekha Baldota and former CBI Director Karthikeyan on 12.12.2019. The bench, also comprising of Justice Hima Kohli observed and expressed the intention to remit the matter to the High Court for further action. the Commission submitted a report to the Supreme Court, after enquiry. The making of report public was being opposed by Shyam Divan, A Senior Advocate, appearing for the State. Th case is being remitted back to the Telangana High Court by the bench. The Bench comprising of Chief Justice of India Nv Ramana observed and contended that the report should be kept in a sealed cover and allowed the copies of the report to be shared with the petitioners who have filed PILs seeking enquiry into the encounter Thereafter the CJI rejected State of Telangana’s demand of the report to be kept sealed.

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