Disha encounter case: No FIR against 4 erring policemen, says PUCL

Hyderabad: People's Union for Civil Liberties (PUCL), which is one of the five petitioners seeking a CBI probe into the 2019 Disha encounter, has told Telangana High Court that the state government has not lodged an FIR against the erring police officials responsible for killing four accused.

Arguing the case before a division bench of Chief Justice Ujjal Bhuyan and Justice CV Bhaskar Reddy, Vrinda Grover, senior Supreme Court counsel, who is appearing for PUCL, said the state government failed to lodge an FIR despite Justice Sirpurkar's commission report.

The Supreme Court had constituted a three-member commission headed by Justice Sirpurkar to probe the encounter. The other members include Justice Rekha Baldota and Kartikeyan, a retired IPS officer.

Grover said the then Cyberabad CP Sajjanar in the press meeting conducted immediately after the alleged encounter, stated law has done its duty.

Grover argued that FIR is registered against the four policemen who allegedly killed the four suspects in the Disha encounter case.

Earlier, the Supreme Court had directed Telangana High Court to decide on Justice VS Sirpur Commission's recommendation about filing an FIR against the policemen who participated in the alleged encounter.

Background of the case

On the evening of 27th November 2019, Disha (name changed) left her home for a clinic in Gachibowli. She parked her Scooty near the toll plaza and took a cab to the clinic. At 9.22 pm, she called her younger sister saying that the tyre of her Scooty had punctured and she was offered help by some truck workers. She was worried about being alone among men who looked suspicious. The sister advised her to walk to the toll plaza and wait, but she hesitated. After about six minutes, the call got disconnected and Disha's phone remained switched off thereafter.

Around 10.30 pm. Disha's sister and parents approached RGIA Police Station. Police initially did not register the complaint claiming that they did not have jurisdiction and directed them to approach Shamshabad Rural Police Station. The relatives then searched the nearby areas and went to Shamshabad Rural Police Station. On 28th November 2019, the missing complaint was registered as Crime Number 480 of 2019.

On 28th November 2019, Samala Sathyam informed the police that he saw a woman's body burning at the underpass on NH44 near Chatanpally Village. The investigation was taken up by Shadnagar Police. During the investigation, the body was identified as that of Disha by her parents and sister. Later a case was registered in Shadnagar Police Station under Section 302 and 201 IPC.

On November 29, V C Sajjanar, the then Commissioner of Police, Cyberabad addressed a press conference and announced that four accused, Mohammed Arif, Jollu Shiva, Jollu Naveen, and Chintakunta Chennakesavulu ('deceased suspects') were arrested.

The next day, the four accused were produced for remand before Executive Magistrate, Farooq Nagar, who remanded them to Judicial Custody for 13 days. The four suspects were then taken to Cherlapally Central Prison on the evening of 31st November 2019.

On 6th December 2019, it was widely reported in the media that the suspects were killed when they attacked the police party which had taken them to Chatanpally for recovery of Disha's articles.

It was reported that the deceased had reportedly snatched firearms from the police and opened fire. In the exchange of fire, they were killed, police had said.

A few hours later a press conference was held at the site. V C Sajjanar, the then Commissioner of Police, Cyberabad gave more details of the incident.