A five judge bench headed by the Chief Justice A R Dave passed a long pending petition filed by the civil rights organisations in the state seeking action against the policemen involved in "fake" encounters.
While not committing it on whether certain encounters were fake or not, the bench set certain procedures to ensure fair investigations of such cases. The bench held that as soon as any encounter takes place, the First Investigation Report should be booked against the policemen involved in such a case, and investigations should be launched to establish the genuineness of the claims that the encounter was an act in self defense.
The petition was filed by the Andhra Pradesh Civil Liberties Committee and others after a series of encounter cases were pending before the court for several years.
Bojja Taraka, a prominent lawyer and the counsel for the petitioner said that so much time was taken to deliver the verdict because initially the petition was heard by a single judge. But in view of the importance of the case, the petition was referred to a three judge bench. But as this bench was also divided on the issue, the matter was referred to the full bench of five judges.
Earlier the government of Andhra Pradesh and the police top brass had refused to make the names and other details of the policemen and officials involved in any encounter public, on the ground of security concerns.
The High Court order is being seen as a big blow to the government and the police as it will put the policemen involved in such incidents under pressure. But it was hailed by the civil liberties activists.
Hailing the court verdict Bojja Tarakam said that it will bring transparency and fairness in the working of the police.
"Now it will be in the hands of the court to decide whether an encounter was fake or not. Once the FIR is lodged against the policemen, the matter will go before the court", he said elaborating the significance of the court verdict.
"The law does not allow the police to indiscriminately fire and kill any body. Now they will have to establish that they genuinely opened fire in self defense," he said, rebutting the claim of the policemen that they always kill people in encounter after the other side open fire on them.
The popular balladeer Ghaddar hoped that the High Curt verdict will put some sense in the police. "Other wise both the police and the government which shields them will have to face the court", Ghaddar said.
"The general feeling of the people in the state is that all the encounters in the past were fake, Ghaddar said.
He also rubbished the police officials' claim that such a court order will affect the efforts to maintain law and order.
Ghaddar said, "Police officials don't have to worry about it. Why are they taking every body's responsibility on their head? There is also political administration, elected government and judiciary."
