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2025 DAILYLAW 20775 (AP)

INDIAN LAWYERS ASSOCIATION v. THE STATE OF ANDHRA PRADESH

WP(PIL)/102/2025 · 2025-06-24

Dhiraj Singh Thakur, Ravi Cheemalapati

Public Interest Litigationbody2025

Judgment text

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I A APHC010292382025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) WEDNESDAY, THE TWENTY FIFTH DAY OF JUNE TWO THOUSAND AND TWENTY FIVE PRESENT HON’BLE SRI JUSTICE DHIRAJ SINGH THAKUR, THE CHIEF JUSTICE AND HON’BLE SRI JUSTICE RAVI CHEEMALAPATI WP(PIL) NO: 102/2025 Between: Indian Lawyers Association, having its registered office at 26-38-214, Lane, A.T.Agraharam, Guntur - 522004. represented by its President G Santha Kumar S/o. G Sowri Aged 60 Years, R/o. 26-27-216, Fathima Nagar, A.T.Agraharam, Guntur - 522004 974749053265, Email santhakumar.advocate@GMAIL.COM. Aadhar Card Number - PAN card Number AGYPG6231D, PH 9246485971, ...Petitioner AND I.The State of Andhra Pradesh, represented by its Chief Secretary, Secretariat, Velagapudi, Amaravathi, Guntur District. 2.The State of Andhra Pradesh, represented by Principal Secretary, Amaravathi, Guntur Home Department, Secretariat, Velagapudi District. 3.The State of Andhra Pradesh, represented by Director General of Police AP Police Headquarters, Mangalagiri. 4.The Superintendent of Police, Guntur district, Andhra Pradesh. 5.The Inspector of Police, I Town Police Station, Tenali, Guntur District, Andhra Pradesh. 'A 6.The Inspector of Police, II Town Police Station, Tenali, Guntur District, Andhra Pradesh. 7.The Inspector of Police, III Town Police Station, Tenali, Guntur District, Andhra Pradesh ...Respondents pleased to issue a writ, order or direction more particularly in the nature of a Writ of Mandamus and/or any other appropriate Writ(s) as follows a) To / direct an immediate judicial inquiry by a sitting/retired Judge of the Hon'ble ’ High Court to investigate into the allegations of custodial torture, false registration, and institutional cover- up by Tenali Police against John Victor and others, b) To direct immediate criminal and disciplinary action against the police officers involved in the alleged custodial torture and fabrication of false case cases, including but not limited to Kanna Chiranjeevi, Ramesh Naik, Muraii, Ramula Naik, and Ramesh Babu, as well as any unknown constables and home guards identifiable from the torture video, and to suspend them pending the criminal and disciplinary proceedings. c)To direct the Respondents to pay adequate compensation to ail victims for the physical, mental, and reputational loss suffered due to custodial torture and false implication, d) To direct the Respondents to provide protection to victims and families from police retaliation considering they now face the wrath of an entire police department that has chosen to support torturers rather than uphold justice e) To issue comprehensive guidelines to all the police stations in Andhra Pradesh for strict adherence to constitutional safeguards during arrest and detection, directions to all medical examiners to mandatorily document and report signs of custodial torture, and instructions to all judicial magistrates to conduct proper inquiry into torture allegations during remand proceedings, which include as follows (i) To direct the Police Officers to possibly produce the Accused before the Judicial Magistrate in the Open Court on the week days, (ii) To direct the Judicial Magistrates to take extra precaution in directing remands when the Accused are produced during the odd hours at night or at Judicial Magistrate's House, (iii) To direct the Medical Officers who are undertaking medical examination to also attach photographs taken of the body, and report a proper profiling of the Accused, and also to permit the family members or the advocate of the Accused during the medical examination, (iv) To direct the Governments officers acting as Mediators involved in the panchnama/Mediatornama to reject signing Panchnama if the Accused are not arrested or any search is not conducted in their presence, (v) To frame strict guidelines for erroneous reporting compliance of the guidelines so framed including suspension or removal of the officers concerned. on the or non- lA NO: 1 OF 2025 Petition under Section 151 CPC praying that in the circumstances stated in the affidavit filed in support of the petition, the High Court may be pleased to preserve all records, including CCTV footage of the police stations involved (Tenali I, II, and III Town Police Stations), station diaries, medical examination reports, and any other relevant evidence related to the custodial torture of John Victor and others and the registration of FIR No. 42/2025 between 24.04.2025 to 27.04.2025. lA NO: 2 OF 2025 Petition under Section 151 CPC praying that in the circumstances stated in the affidavit filed in support of the petition, the High Court may be pleased to direct the Superintendent of Police, Guntur District i.e., the Respondent No.4, to submit a preliminary report to this Hon'ble Court regarding the circumstances surrounding the custodial torture and false implication of John Victor and others, within a specified timeframe. Counsel for the Petitioner: SRI G ARUN SHOWRI Counsel for the Respondent No. 1: GP FOR GENERAL ADMINISTRATION Counsel for the Respondent Nos. 2 to 7: GP FOR HOME The Court made the following order: APHC010292382025 Bench Sr.No:-3 [3483] IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI WP(PIL) NO: 102 of 2025 Indian Lawyers Association ...Petitioner Vs. The State of Andhra Pradesh and others ...Respondents ********** Advocate for Petitioner Mr. Arun Showri G Advocate(s) for Respondent(s); Advocate General CORAM :THE CHIEF JUSTICE DHIRAJ SINGH THAKUR SRI JUSTICE RAVI CHEEMALAPATI : 25^^ June, 2025 DATE PC : The issue raised in the present P.I.L is with regard to the custodial torture of John Victor and two others who, it is alleged, were assaulted by the police personnel during the course of their arrest and transportation. 2. Directions as contained in the judgment of the Apex Court rendered in D.K Basu v. State of West Bengal [AIR 1997 SC 610] also are stated to have been violated. The learned Advocate General appearing for the State, however, states that John Victor has already approached a single Bench of this Court 3. by way of W.P.No. 14749 of 2025 and, therefore, there would be no occasion for the petitioner to espouse the cause of those who are already before the 2 HCJ & RC, J WP(PIL)_102_2025 Court alleging violations of the provisions of the Bharatiya Nagarik Suraksha Sanhita or the directions of the Apex Court in D.K Basu. We are of the opinion that being an individual cause of action and also since the aggrieved person is before the Court, no cause for our interference in the present P.I.L is warranted. 4. The W.P.(PIL) is accordingly dismissed. No order as to costs. Miscellaneous applications pending, if any, shall stand closed. 5. Sd/- K.KASI RAO ACHARI ASSISTANT REGISTRAR //TRUE COPY// section OFFJCl=R To, 1. One CC to G Arun Showri, Advocate [OPUC] Two CCs to GP for General Administration, High Court of Andhra Pradesh[OUT] Two CCs to GP for Home, High Court of Andhra Pradesh[OUT] Two CCs to Advocate General, High Court of Andhra Pradesh[OUT] 5. Three CD Copies 2. 3. 4. HIGH COURT DATED:25/06/2025 ORDER WP(PIL) 102/2025 DISMISSING THE WP(PIL) WITHOUT COSTS