HYDERABAD: The High Court on Thursday reserved its order on the petition filed by the Special Investigation Team (SIT) of Andhra Pradesh police challenging the order of the fourth additional chief metropolitan magistrate-cum-additional mahila magistrate, Vijayawada refusing to grant permission for a narco-analysis test and brain electrical oscillation signature profiling (BEOSP) test on the seven accused persons as part of an ongoing fresh probe into the sensational rape and murder of B Pharmacy student Ayesha Meera at her hostel in Ibrahimpatnam near Vijayawada in 2007.
Justice N Balayogi was dealing with the petition filed by the SIT, represented by its deputy superintendent of police, with a plea for grant permission for narco-analysis and BEOSP tests by setting aside the impugned order of the lower court.
On March 31, 2017, the High Court had acquitted Pidathala Satyam Babu of the charges of murdering the victim in her hostel on December 26, 2007. The murder triggered public outrage prompting the police to initiate quick action. Satyam Babu’s arrest triggered anger in the public and Ayesha’s family members, who suspected the role of bigwigs in the murder.
While setting aside the lower court’s order of September 29, 2009, the High Court, in its order pronounced in January this year, ordered the SIT to investigate the murder afresh. It made it clear that the SIT probe would be monitored by the court and that the probe agency would complete the investigation expeditiously and should submit its case progress report to the court.
As part of its ongoing probe, the SIT filed a petition before the Vijayawada court seeking permission for conducting narco-analysis and BEOSP tests on the accused -- Koneru Satish Babu, Abburi Ganesh and Chintala Pavan Kumar -- whom the victim’s parents held responsible for the incident. The SIT also sought permission for doing the tests on four others who were aware of the incident.
They included hostel warden Padma and her husband Venkata Sivarama Krishna and the two women who were staying in Ayesha room at the time of the incident. On June 22 this year, the Vijayawada court dismissed SIT’s plea by relying on a Supreme Court judgment.
The SIT then moved the High Court against the order of the lower court.
Public prosecutor Posani Venkateswarlu, appearing for SIT, said the hostel warden and her husband had given consent to undergo the tests but the lower court refused to grant permission on the ground that the two were aged persons.
“The Supreme Court’s verdict in 2010 that the above tests cannot be conducted on any person without their consent is not applicable to the present case. In 2008, the Vijayawada court had allowed these tests during the probe conducted earlier. Even the High Court upheld the decision. The present probe is in continuance of the earlier investigation,” he pointed out and urged the court to grant permission by setting aside the lower court’s order.
Counsel appearing for the accused and the two women, while supporting the order of the lower court, said that it was mandatory to take the consent of the persons concerned as per the apex court verdict and urged the High Court to dismiss the petition of the SIT. After hearing both sides, the judge reserved his orders.
SIT keen
The SIT filed a petition before the Vijayawada court seeking permission for conducting narco-analysis and BEOSP tests on the accused — Koneru Satish Babu, Abburi Ganesh and Chintala Pavan Kumar —whom the victim’s parents held responsible for the incident. The SIT also sought permission for doing the tests on four others.
They include hostel warden Padma her husband Venkata Sivarama Krishna and two women who were staying in Ayesha’s room.
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