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Our Republic must not kill its own children: Supreme Court

Posted by ajadhind on January 15, 2011

Notice to Centre, A.P. on encounter killing of Azad and journalist

New Delhi: The Supreme Court on Friday sought the response of the Union and the Andhra Pradesh governments on two petitions seeking a judicial inquiry into the alleged encounter killings of Cherukuri Rajkumar alias Azad, spokesperson of the Communist Party of India (Maoist), and journalist Hemchandra Pandey by the Andhra Pradesh police on the night of July 1 last year.

A Bench of Justices Aftab Alam and R.M. Lodha issued the notice, returnable in six weeks, after hearing counsel Prashant Bhushan, appearing for petitioners Swami Agnivesh and Pandey’s wife Bineeta Pandey.

Justice Alam orally observed: “Our Republic cannot bear the stain to kill its own children. We will issue notice. They will have to respond. We hope there will be good and convincing answer to the questions [raised in the petitions].”

The petitioners said the post mortem reports and fact-finding carried out by the Coordination of Democratic Rights Organisations (CDRO) clearly indicated that it was not a genuine encounter and that Azad and Pandey were killed in blatant violation of their rights under Articles 14 and 21 of the Constitution.

Azad was carrying a letter from Swami Agnivesh for peace talks when he was taken into custody along with Pandey. Then Swami Agnivesh sent a letter to Azad, suggesting three possible dates for starting a 72-hour suspension of armed resistance by the CPI (Maoist) and simultaneous cessation of action by the government forces. During that period, the government would invite Maoists for talks and initiate a mutual ceasefire agreement, the petitioners said.

However, on the intervening night of July 1-2, both Azad and Pandey were killed. According to the CPI (Maoist), Azad was scheduled to meet local contact Sahadev in Nagpur at 11 a.m. on July 1 and travel to the Dandakaranya forests for meeting senior Maoists to discuss Union Home Minister P. Chidambaram’s proposal and likely dates for a ceasefire.

But he never turned up for the meeting.

“The alleged encounter, if proved fake — as indicated by the CDRO report — is in blatant violation of Article 21.” The refusal to initiate an inquiry, despite questions raised about the veracity of a police investigation by human rights activists, organisations and sections of the media, and the disruption it caused to the peace process initiated by the Home Minister himself were “unreasonable and arbitrary” and raised serious questions about the bona fides of the Home Ministry, the petitioners said.

2 Responses to “Our Republic must not kill its own children: Supreme Court”

  1. RAJ said

    As once said by the former C.M. of A.p. Late N.T. Rama Rao ,the maoists are the real patriots who are really bothered about the well being of oppressed and down trodden. Knowing very well that joining the movement is a threat to their lives, yet they have come forward to serve the public in true spirit.The present system of govt.,is more bothered about the wellbing of ahandful of industialists and the rich.80% of the wealth of the nation is concetrated in the hands of a few,whereas crores of people are not in aposition to have two square meals a day.Nessity has arisen to fight hard to change of the present system of the govt.Situation has become very ripe for this purpose.The need of the hour is to enlighten and to create awareness among the common about the reasons for their plight and train them for a mass movement aginst the present system to acheive a new utopian form of system where there are no in equalities and common man has a right to say something.The brutal killings of those who raise their voice against the system , in the name of the encounters clerly indicates their respect for the constitution, which gaurentees for right to live,who have come into power with an oath to protect it.These people have no right to continue in power anymore. It is unfortunate state of affairs that the judiaciary has also joined hands with the so called constitution protectors,in most of the cases.Lets hope that the supreme court stands on its point on the encounter of Azad and bring out actul facts behind the killing and put the responsible behind the bars.This only can prevent the encounters to some extent._Raj

  2. ajadhind said

    Thanks for your insightful views
    with regards,

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