Andhra HC Rejects Habeas Corpus: No Evidence Maoist Leaders in Custody

The bench of Justice C Manavendranath Roy and Justice G. Tuhin Kumar said the petitioners can approach the court if they have any evidence.

Tippiri Gangadhar, brother of Devuji, and Snehalatha, daughter of Raji Reddy, had filed the petitions, seeking direction to Andhra Pradesh Police to produce Devuji and Raji Reddy before the court.

The petitioners had claimed that the two Maoist leaders were taken into custody by police following an encounter in Alluri Sitharamaraju district on November 18. They claimed that the police had announced the arrest of nine key leaders.

Appearing for petitioners, advocate U Jaibheem Rao contended that Devuji and Raji Reddy were apprehended during the operation and urged the court to order the police to produce them. He also stated that some security guards accompanying the two leaders were arrested.

Special public prosecutor T Vishnuteja refuted the allegations, stating that Devuji and Raji Reddy were not in police custody.

The High Court, which took up the petitions for hearing on Thursday, had directed the counsels for the petitioners to produce evidence in support of their claim and adjourned the hearing to Friday.

When the hearing resumed on Friday, the counsels for the petitioners placed a video clip of a top police officer’s interaction with the media. However, the official is heard saying that nine security guards of Devuji were arrested. When media persons asked about Devuji, the official made it clear that he is not in police custody.

The division bench concluded that there is no prima facie evidence of two Maoist leaders being in the police custody and hence can’t intervene.

It reiterated that the court can intervene in a habeas corpus petition only when the basic material supporting the illegal custody is placed before it.

As many as 50 Maoists were arrested by police in five districts of Andhra Pradesh on November 18, hours after an encounter in the forests of Alluri Sitharamaraju district in which top Maoist commander Madvi Hidma, his wife Raje and four others were killed.

The next day, seven Maoists, including explosives expert Metturi Joga Rao alias Tech Shankar, were killed in Alluri Sitharamaraju district.

Additional Director-General of Police (Intelligence) Mahesh Chandra Laddha had clarified on Wednesday that the police are unaware of the whereabouts of Devuji.

“We don’t have any information on where Devuji is now. He must be in Chhattisgarh or Telangana. He is not with us. We arrested his protection team. Once we talk to them, we will come to know what their plan was,” he said.

Director General of Police Harish Kumar Gupta had also clarified on Thursday that Devuji is not in police custody.

- IANS