HIGH COURT OF JUDICATURE AT HYDERABAD FOR THE STATE OF TELANGANA AND THE STATE OF ANDHRA PRADESH PRESENT THE HON’BLE THE CHIEF JUSTICE SRI KALYAN JYOTI SENGUPTA AND THE HON’BLE SRI JUSTICE SANJAY KUMAR PUBLIC INTEREST LITIGATION NO.138 OF 2014 DATED:20.10.2014 Between:
Gulam Rabbani … Petitioner And Government of Telangana Rep. by its Principal Secretary Home Department Secretariat Hyderabad and others … Respondents THE HON’BLE THE CHIEF JUSTICE SRI KALYAN JYOTI SENGUPTA AND THE HON’BLE SRI JUSTICE SANJAY KUMAR PUBLIC INTEREST LITIGATION NO.138 OF 2014 ORDER: (per the Hon’ble The Chief Justice Sri Kalyan Jyoti Sengupta) On 22.9.2014 we passed an order allowing the respondents to file counter affidavit and it was made clear that in case of default, the matter will be taken up in the absence of counter. In view of the aforesaid order, we have no option but to proceed with the matter in the absence of the same. Hence, factual aspect owing to nontraversal, is deemed to have been admitted.
In the writ petition it has been alleged that there was firing by the Police without following necessary guidelines and this was resulted in loss of lives and property and this incident has also been reported in various newspapers to corroborate.
It appears to us that no complaint or representation was made by the petitioner to any authority/forum, before approaching this Court.
In the circumstances, we direct the Principal Secretary of Home Department, Government of Telangana, to treat a copy of this writ petition as a complaint and look into the matter. After examining all the aspects, if he feels an enquiry is to be conducted and action is to be taken, it would be open for him to set up an independent Committee engaging competent officials not below the rank of S.P at least, if not high official to look into the matter, and this exercise must be completed within a period of six weeks from the date of communication of this order. If any decision is taken for holding enquiry consequent to constitution of independent committee, we desire that the Committee will complete the enquiry within a period of six months from the date of setting up of the Committee. All factual issues are left open and this Court has not decided anything on merit and it is for the Principal Secretary, Home Department, to take a decision on the issue.
With the above observations and directions, the writ petition is disposed of. There will be no order as to costs.
K.J. SENGUPTA, CJ SANJAY KUMAR, J 20.10.2014 bnr