The Telangana High Court on Thursday declined an urgent hearing on a request to take suo motu cognisance of the recent police “encounter” in Nizamabad and directed the petitioner to approach the registry as part of the procedure.
A 24-year-old vehicle-theft suspect, Shaik Riyaz, was killed by the police in an “encounter” at the Nizamabad Government General Hospital on Monday, just days after he allegedly stabbed constable A E Pramod fatally.
“You give it to the registry. Thereafter, it will process through committee and come…procedure will be followed,” the court observed.
Advocate Barkat Ali Khan submitted an urgent appeal to Chief Justice Aparesh Kumar Singh, contending that the sequence of events raised “grave concerns” of non-compliance with established legal and constitutional standards as well as potential extrajudicial execution and violation of fundamental rights.
“These incidents heighten grave questions about whether the rules and guidelines governing arrest, custody, fair trial, and use of force were duly followed,” he stated.
The petitioner sought an independent inquiry led by a retired high court judge, arguing that the circumstances surrounding Riyaz’s death in police custody, while he was undergoing treatment for severe injuries, were highly suspicious and deviated from established legal and constitutional standards. He also sought the inclusion of the Nizamabad police as a party to the proceedings.
Recalling the sequence of events in his letter to the chief justice, Khan highlighted alleged police negligence when Shaik Riyaz (a high-risk accused allegedly involved in 61 criminal cases) escaped after stabbing constable Pramod on October 17.
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The petitioner contended that security measures were “reportedly inadequate”. He also noted the “troubling” detail that the constable was off-duty and accompanied by a civilian relative while transporting the high-risk individual.
The central contention focused on the official account of the encounter. Riyaz was rearrested on October 19 with serious injuries, including a broken hand and leg, rendering him “immovable and unable to walk”. Khan stated that despite this condition, the police claim that Riyaz attempted to seize a service weapon from a constable at the hospital, leading to him being shot in self-defence. The advocate asserted that this explanation was internally contradictory and warranted immediate scrutiny.
Citing Supreme Court mandates and the People’s Union for Civil Liberties (PUCL) guidelines on encounter deaths, the appeal asserted that the incident necessitated an independent investigation to ensure accountability.
