T PURSHOTHAM RAO Vs. GOVT OF A P

JUDGEMENT

(1.) Heard the learned Counsel for the petitioner and the learned Government Pleader for Home.

(2.) The instant writ petition is filed by one T. Purushotham Rao, Joint Secretary of the A.P. Civil Liberties Commission and resident of Mahaboobnagar. The petitioned prays for issuance of an appropriate Writ of Mandamus directing the respondents to handover the dead bodies namely: (1) Alivelu @ Jyothiakka @Seethakka and (2) Swarnakka aged 23 years respectively, residents of Peddapally village, Telakapalli Mandal of Mahaboobnagar District and Kangal Mandal of Nalgonda District who were killed in an encounter on 2-9-1997 at Chintakunta village of Deverakonda limits of Nalgonda District.

(3.) Shorn of all the details, the said two persons namely (1) Alivelu Joythakka @ Seethamma and (2) Swarnakka are stated to have been killed in encounter on 2-9-1997 and their bodies are lying in the Mortuary at Nalgonda Civil Hopsital. The petitioner approached this Court invoking its extra-ordinary jurisdiction under Art.226 of the Constitution of India apprehending that the dead bodies may not be handed over by the Police to the near relatives of the diseased persons.