Disha encounter case: Commission recommends trying 10 TS cops for murder

Hyderabad: Justice V S Sirpurkar Commission probing the 2019 Disha encounter case has recommended that 10 police officers, who had allegedly killed four rape accused, should be tried for murder.

The Commission submitted the report to the Supreme Court.

In the report, the commission said all the 10 police officers including V. Surender, ACP; K. Narasimha Reddy, Circle Inspector; Shaik Lal Madhar, sub-Inspector; Mohammed Sirajuddin, Head Constable; Kocherla Ravi, Sub-Inspector; K. Venkateshwarulu, Sub-Inspector; S. Arvind Goud, Constable; D. Janakiram, Head Constable; R. Balu Rathod, Constable; and D. Srikanth, Constable should be tried for the offences under Section 302 read with 34 IPC, 201 read with 302 IPC and 34 IPC.

The commission said it would show that the different acts committed by each of them were done in furtherance of common intention to kill the suspects.

"In our considered opinion, the accused were deliberately fired upon with an intent to cause their death and with the knowledge that the firing would invariably result in the death of the deceased suspect. These officers cannot take shelter under Section 76 IPC and Exception 3 to Section 300 IPC because their contention that they fired in good faith at the deceased suspects has been disbelieved. Good faith, which is an essential pre-requisite of Section 76 IPC and Exception 3 to Section 300 IPC, is found to be clearly absent," the commission said

In the early hours of December 6, 2019, an incident took place on the outskirts of Chatanpally Village, Ranga Reddy District, in which four accused, Mohammed Arif, Jollu Shiva, Jollu Naveen, and Chintakunta Chennakesavulu died when they were in police custody.

Background of the case

On the evening of November 27, 2019, Disha (name changed) left her home for a clinic in Gachibowli. She parked her Scooty, a two-wheeler near the toll plaza, and took a cab to the clinic. At 9.22 pm. she called her younger sister saying that the rear tyre of her Scooty had punctured and she accepted help from some truck workers. But then she was worried and expressed fear of being alone amid men who looked suspicious. The sister advised her to walk to the toll plaza and wait there. However, she hesitated to go there. After about six minutes, the call 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 November 28, 2019, the missing complaint was registered as Crime Number 480.

On 28th November 2019 morning, they received information from Samala Sathyam that he had seen a woman's dead body burning in the underpass on NH44 near Chatanpally Village investigation was taken up by Shadnagar Police. In the course of the investigation, the dead body was identified as that of Disha by her parents and Sister. Based thereon at around 9.00 am FIR in Crime No. 784 of 2019 was registered on the file of Shadnagar Police Station under Section 302 and 201 IPC.

On November 29, V C Sajjanar, Commissioner of Police, Cyberabad addressed a press conference and announced that four persons namely Mohammed Arif, Jollu Shiva, Jollu Naveen, and Chintakunta Chennakesavulu (hereinafter 'deceased suspects') were arrested in connection with the rape and murder of Disha. He also narrated the details of the incident which were said to have been disclosed by four persons in their confessional statements recorded by the police.

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

On 06th December 2019, it was widely reported in the media that the deceased suspects were killed when they attacked the police party which had taken them to Chatanpally to effect recovery of articles of Disha.

It was reported that the deceased had reportedly snatched firearms from the police and opened fire upon the police party and were subsequently killed in the exchange of fire. A few hours later, the then Commissioner of Police, Cyberabad, V C Sajjanar addressed the press conference and gave more details of the incident to the press.