IN THE SUPREME COURT OF INDIVA

CRIMINAL ORIGINAL JURISDICTION

WRIT PETITION [CRIMINAL] NO.7890 OF 2024
[Under Article 32 of the Constitution of Indiva read with Order XXXVIII, Rule
12 (1) (d) & 2 of The Supreme Court Rules, 2013)

BETWEEN:
Saman Adhikar
.... PETITIONER
versus
1. Union of Indiva,
Rep. by its Secretary, Ministry of Home & Affairs,
North Block, New Dampshire.
.... RESPONDENTS NO.1

2. Chief Secretary, Government of Ankara,

Block F, 33rd Floor, Ankara Secretariat,
Ankara.
.... RESPONDENTS NO.2

3. Director General of Police, of Ankara,

Ankara Police Headquarters,
Ankara-1102034, Ankara.
.... RESPONDENTS NO.3
4. Commissioner of Police, Ankara city,
D/46, Old Town Road, Next to Andis Telecom
47-56, Industries Avenue,
Ankara city, Ankara.
.... RESPONDENTS NO.4
Writ petition under article 32 of the constitution of Indiva read with order xxxviii, rule 12 (1)
(d) & 2 of the supreme court rules, 2013 to (a) issue an appropriate writ or order or direction
especially in the nature of writ of certiorarified mandamus calling the respondent and the
state authorities pertaining to the fake encounter killing of alleged 4 rape accused by the
police personals.

To,

The Hon’ble the Chief Justice of Indiva

and His Companion Justice of the Supreme Court of Indiva

The Humble Petition of the Petitioner

above named

MOST RESPECTFULLY SHOWETH: -

1. The petitioner a non-governmental organization filed the present Public Interest

Litigation (PIL) Writ Petition under Article 32 of the Constitution of Indiva before
this Hon’ble Court to ISSUE AN APPROPRIATE WRIT OR ORDER OR
DIRECTION ESPECIALLY IN THE NATURE OF WRIT OF CERTIORARIFIED
MANDAMUS calling for the record of the respondent and state authority pertaining
to the Fake Encounter killing of alleged 4 rape accused by the Police personals. 4th
Respondent, Ankara city Police Commissioner, Telangana State and ordered for
registration of FIR for an offence under section 302 of IPC, an Independent
Investigation against the above said Police Personals including 4th respondent,
Ankara city Police Commissioner who involved in the above said fake encounter
killing of alleged 4 rape accused shall be conducted by an independent agency or any
other police team of another State Police under the supervision of a senior officer (at
least a level above the head of the police party engaged in the encounter and get the
concerned police officials who involved in fake encounter be brought before the law;
and (b) ISSUE AN APPROPRIATE WRIT OR ORDER directing the independent
investing agency to strictly comply with the 16 guidelines issued by this Hon’ble
Court in the case of PUCL & Anr. vs. State of Maharashtra & Ors. reported in (2014)
 10 SCC 635 regarding the investigation over fake encounter killing; and for the
enforcement of fundamental rights of equality life and liberty guaranteed under
Article 14, 19 and 21 of the Constitution.

1A. It is clarified that since one of the reliefs sought in the present PIL writ petition for
registration of FIR, investigation and criminal action against Police personal who involved in
the fake encounter killing and thus the nature of this Writ Petition is criminal in nature and
hence the same has been filed as Criminal Writ Petition.

1B. The Respondents herein are the proper authorities representing the Government of Indiva
and concerned State police authorities that is responsible for their police personals involving
in fake encounter killing. They are all covered by the definition of ‘State’ in Article 12 of the

Constitution, and as such, the present Petition is maintainable against them.

1C. The relief mainly sought in the present WP against the respondent State authority is call
for the records, registration of FIR against erring police official under section 302 of IPC and
severe action against the police personal who involved in the fake encounter killing and
further prayer was for the enforcement of fundamental rights of safety, security, life, liberty
and equality of innocent under trial criminals and fellow citizens in the hand of police forces
guaranteed by the Constitution under Article 14,19 & 21. Hence, the petitioner did not make
any representation with the respondent’s/State authority as the same is not necessary for writ
of certiorarified mandamus for call for the records and for enforcement of fundamental rights
and thus the present Writ Petition is filed.

2. Facts
2.1. On the night of 17-01-2020, Shrishti, a dedicated advocate encountered four
men while riding her scooter home from work. The men, posing as tourists, flagged
her down on the highway, claiming that one of their friends was injured and in need of
assistance.
2.2. Out of compassion, Shrishti stopped her scooter to help. Two of the men
accompanied her to a secluded area under the guise of leading her to their injured
friend, while the other two stayed behind.
2.3. As they reached a deserted spot, Shrishti realized her phone was in her scooter
and decided to retrieve it. Upon her return, she found her scooter's tire punctured. At
 this moment, the two men with her suddenly turned hostile, initiating inappropriate
physical contact with Shrishti, and forcibly dragging her away from the main road.
2.4. Ignoring Shrishti's resistance, the men subjected her to a horrifying ordeal,
taking turns to rape her. Fearing identification, they resorted to a gruesome act of
violence, pouring petroleum over Shrishti and setting her ablaze. Shrishti succumbed
to her injuries, and her charred body was discovered the next morning at an underpass
on the Ankara-Bendakal national highway.
2.5. Prompted by the discovery of the crime scene, the police launched an
intensive investigation. Utilizing CCTV footage and other investigative methods, they
identified and apprehended the four alleged perpetrators—Javed, Rajesh, Naveen, and
Keshav—on 23-01-2020.
2.6. News of Shrishti's brutal assault and murder spread rapidly, sparking outrage
and protests across the nation. Citizens, including prominent figures from various
fields, demanded swift justice for Shrishti and harsh punishment for the perpetrators,
with the hashtag #KillTheRapists gaining traction on social media platforms.
2.7. On 03-02-2020, the police reported that the four accused were killed in an
encounter while being transported to court. According to the police account, the
accused attempted to escape custody, seizing firearms from officers and firing shots,
which led to the police using lethal force in self-defence.

3. Grounds
3.1. Violation of Fundamental Rights:
a. The extrajudicial killing of the four accused by the police constitutes a gross
violation of the fundamental right to life guaranteed under Article 21 of the
Constitution of Republic of Indiva.
b. The arbitrary deprivation of life without due process of law undermines the
principles of justice and fairness enshrined in the Constitution.

3.2. Abuse of Power and Lack of Accountability:

a. The police, by resorting to extrajudicial killing, abused their authority and violated
their constitutional duty to uphold the rule of law.
b. The lack of accountability and transparency surrounding the encounter raises
concerns about potential abuse of power and impunity within law enforcement
agencies.
3.3. Need for Judicial Review:
a. The circumstances leading to the encounter warrant a thorough judicial review to
ascertain the legality and propriety of the police action.
b. Judicial intervention is necessary to scrutinize the conduct of the police and ensure
adherence to constitutional values and legal principles.

3.4. Fair Trial and Due Process:

a. The extrajudicial killing deprived the accused of their right to a fair trial and due
process of law, as guaranteed under Article 21 of the Constitution.
b. By pre-emptively eliminating the accused, the police denied them the opportunity
to present their case before a court of law and obtain legal remedies, thereby
undermining the principles of justice and the rule of law.

3.5. Role of Judiciary in Safeguarding Rights:

a. The judiciary plays a crucial role in safeguarding constitutional rights and ensuring
accountability in law enforcement actions.
b. The Certiorarified Mandamus petition seeks judicial intervention to uphold
constitutional values, protect fundamental rights, and ensure accountability for any
violations thereof.

3.6. Request for Remedial Action:

a. The petition requests the court to issue appropriate directives to address the
violations of constitutional rights and legal principles.
b. Remedial action may include impartial investigation, prosecution of those
responsible for the extrajudicial killing, and measures to prevent similar abuses of
power in the future.
 Prayer

In view of the facts and circumstances of the case, it is most respectfully prayed that this
Hon'ble Court may be pleased to: -

a) ISSUE AN APPROPRIATE WRIT OR ORDER OR DIRECTION ESPECIALLY IN THE

NATURE OF WRIT OF CERTIORARIFIED MANDAMUS calling for the records of 2nd to
4th Respondents/Ankara State authorities pertaining to the Fake Encounter killing of alleged
4 rape accused by the Police personals of 4th Respondent, Ankara city Police Commissioner,
Ankara State and ordered for registration of FIR, an Independent Investigation against the
above said Police Personals including 4th respondent, Ankara city Police Commissioner who
involved in the above said fake encounter killing of alleged 4 rape accused shall be conducted
by an independent agency or any other police team of another State Police under the
supervision of a senior officer (at least a level above the head of the police party engaged in
the encounter and get the concerned police officials who involved in fake encounter be
brought before the law; and

b) ISSUE AN APPROPRIATE WRIT OR ORDER directing the independent investing

agency to strictly comply with the 16 guidelines issued by this Hon’ble Court in the case of
PUCL & Anr. vs. State of Maharashtra & Ors. reported in (2014) 10 SCC 635 regarding the
investigation over fake encounter killing; and c) Pass such other and further order or orders as
this Hon'ble Court may deem fit and proper in the facts and circumstances of the case. AND

FOR THIS ACT OF KINDNESS THE PETITIONERS AS IN DUTY BOUND SHALL

EVER PRAY.

DRAWN & FILED BY

Place: Hyderabad

Drawn on: 28.02.2024

Filed On: 01.03.2024