Visakha Civil Liberties Union, v. The State Of Andhra Pradesh,

The Hon'ble Sri Justice C.V.Nagarjuna Reddy and The Hon'ble Sri Justice P.Keshava Rao Writ Petition No.33769 of 2018 Dated 1st November, 2018 Between:

Visakha Civil Liberties Union Visakhapatnam Rep. by its President Nawaz Hussain Akbar

...Petitioner

and 1.The State of Andhra Pradesh Rep. by its Prl.Secretary, Home Dept., Secretariat, Amaravathi and 8 others.

... Respondents Counsel for the petitioner:

Mr.Jithender Rao Veeramalla Counsel for respondent Nos.1 to 8: Sri CS.Suryaprakash Rao, Spl.GP This Court passed the following:

CVNR, J & PKR, J WP.No.33769 of 2018 Dt: 01-11-2018 Order: (per Hon'ble Sri Justice C.V.Nagarjuna Reddy) This Writ Petition is filed for issue of Habeas Corpus directing the respondents to produce Gorle Pydi Raju (for short 'the alleged detenu No.1') and his wife- Kumari (for short 'the alleged detenu No.2') before this Court. During the hearing of this case on earlier occasion, the learned Counsel for the petitioner admitted that the alleged detenu No.1 died. He, however, submitted that there is a strong suspicion that he might have died in Police custody. As regards the alleged detenu No.2, as the respondents have stated in the counter-affidavit that she was produced before the Executive Magistrate and released, this Court directed the Police to produce her before the Court. Today, the alleged detenu No.2 is produced before the Court. She stated that her husband (alleged detenu No.1) died due to illness and not in Police custody and that she has not been detained by the Police at any point of time.

Having regard to the above statement of the alleged detenu No.2, as per which the alleged detenu No.1 has died naturally and she is not in Police custody, the Writ Petition is

CVNR, J & PKR, J WP.No.33769 of 2018 Dt: 01-11-2018 disposed of as infructuous. However, if the petitioner has any evidence of the custodial death of alleged detenu No.1, it shall be free to avail appropriate legal remedies available to it in law.

______________________ (C.V.Nagarjuna Reddy, J) ________________ (P.Keshava Rao, J) Dt: 1st November, 2018 lur