The Hindu : HC permits CBI to file chargesheet

Online edition of India's National Newspaper
Saturday, Sep 07, 2002

Southern States

Southern States - Andhra Pradesh-Hyderabad

HC permits CBI to file chargesheet

By Our Legal Correspondent

HYDERABAD SEPT. 6. A Division Bench of the A.P. High Court comprising two Judges declared that the Central Bureau of Investigation (CBI) can go ahead and the file final report (usually called chargesheet) before the appropriate criminal court, in the sensational case of the death of upcoming cine actress Pratyusha.

The Bench comprising Justice Motilal B. Naik and Justice G. Rohini was disposing of two writ petitions filed in public interest. The Bench was treading a cautions path of not commenting on the merits of the case against any one as that is the duty of the competent criminal court after a trial.

It may be recalled that the actress was brought to the CARE hospital by Sidhartha Reddy, her male companion, in a precarious condition. The version put out was that both of them entered into a pact to commit suicide as their elders did not agree to their marriage and consumed pesticide. She died before her mother could talk to her and he survived. There was a furore that the hospital authorities destroyed evidence and the police were not acting diligently.

T. Sowbhagya Lakshmi, practising advocate, and the All-India Democratic Women's Association (AIDWA), represented by its State unit president Punyavati, filed two separate writ petitions complaining that the police were trying to hush up the case. They relied upon two contradictory statements of forensic experts and top police officers. The Bench directed the CBI to investigate the case.

The Bench was receiving reports from the CBI team about the progress at each stage of investigation and it had perused the reports of the DNA tests too. At one stage the officer dealing with the case was transferred and the Bench took serious note of this action of the CBI establishment and the officer was brought to Hyderabad and the team completed the investigation into all the aspects of the case and submitted final report to the Bench.

On Friday, the Bench speaking through Dr. Justice Naik, dwelt at length on how the public was upset over the issue and said that the Bench spent four months monitoring the investigation "only to see that people should repose faith in the system.'' The court said that though one of the petitioners asked for a judicial enquiry it felt that in such cases speedy CBI investigation was a better option. Dr. Justice Naik patted the media for the efforts it had put in for espousing the cause of the "helpless girl.'' The court hastened to add that the electronic media must take care to see that their interrogation of the accused while the investigation was in progress shall be restrained so that the public will not be under an impression that the investigating agency is not treading the correct path.

The Bench took note of the role of the happenings in CARE Hospital and said the CBI had dealt on this aspect and the appropriate authority shall act as per law on this issue. The Bench concluded that " the CBI shall be entitled to proceed to file appropriate report before the magistrate concerned and the proceed as per law.'' All documents submitted by the investigating team were directed to be put in a sealed cover and kept in safe custody of the judicial registrar of High Court for five years.

The staff of the court brought the material into the court hall and sealed in the open court and the parcel was handed over to the registry.

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