HYDERABAD:A division bench of the High Court, headed by acting chief justice Ramesh Ranganathan, on Monday recused themselves from hearing the appeals filed against an order of a single judge who had directed the Andhra Pradesh government to appoint advocate P Trinadh Rao as special public prosecutor (SPP) to argue the victims’ case before the 11th additional district sessions judge-cum-special court under the SC, ST (Prevention of Atrocities) Act in Visakhapatnam against the 13 Greyhounds personnel of the elite anti-Naxalite force who were accused in the Vakapalli gang-rape case. The bench transferred the appeals to another bench for hearing.
One appeal was filed by the AP government represented by principal secretaries to home and law departments and the Visakhapatnam district collector, and another appeal by the 13 Greyhounds personnel. On January 4 this year, the single judge had passed the order impugned on a petition filed by the nine tribal women victims of gang-rape seeking a direction to the AP government to appoint prosecutors to conduct the trial before the lower court in Visakhapatnam.
On Monday, the counsels appearing for AP government and the Greyhounds personnel submitted that the victims had got the right to select one as SPP from the panel of advocates prepared by the state. However, the single judge had passed an order appointing a person who was suggested by the victims as SPP. In fact, a case was registered against Trinadh Rao and it was not proper to appoint him as SPP, they argued. The acting CJ asked the counsels what was wrong in appointing a person suggested by the victims as SPP.
Further, he pointed out that the case was registered against Trinadh Rao only after filing of a petition by the victims before the High Court. It was not proper to further delay the hearing on the incident that took place in 2007. In fact, the guidelines of the SC, ST Act itself suggested that the SPP could be appointed as per the victims’ choice.
At this stage, the books written on and services extended by Trinadh Rao to the tribal community figured during the course of hearing. The ACJ then recused himself from hearing the appeals on the ground that Trinadh Rao had earlier participated as a speaker in a programme attended by him which was organised by the Legal Services Authority of Srikakulam district, and transferred the appeals to another bench.