VIJAYAWADA: Invoking the constitutional ideal of ‘Satyameva Jayate’ (Truth Alone Triumphs), the High Court on Tuesday, in a significant order in the Gade Sai Krishna lock-up death case, permitted the Special Investigation Team (SIT) to take former Krishna Lanka Inspector Nagaraju into police custody for crime scene reconstruction and evidence collection, while directing that the probe be conducted in a fair, scientific and transparent manner.
Justice K Maheswara Rao partially modified the conditions imposed by the Vijayawada Second Additional Judicial First Class Magistrate Court, allowing the SIT to take Nagaraju from Rajamahendravaram Central Jail to Vijayawada, including the Krishna Lanka Police Station and other places connected with the alleged offences, for evidence collection and reconstruction of the crime scene.
The High Court directed the SIT to take Nagaraju into custody from July 9 to 16. It ordered that every movement of the accused during his transit from the Jail to Vijayawada and back be compulsorily videographed. The original video recordings, along with the complete CCTV footage covering the custody period, must be produced before the Vijayawada Magistrate Court on July 17.
The Rajamahendravaram Central Jail Superintendent was directed to preserve and submit the original CCTV footage without any alteration.
The court directed the SIT to protect Nagaraju’s life, safety and dignity during custody and retained all other magistrate court conditions. In its order, the High Court observed that Nagaraju faces serious allegations, including murder and destruction of evidence, while Gade Sai Krishna’s body is yet to be recovered. It also referred to allegations that CCTV footage and the hard disk pertaining to the relevant period were deliberately destroyed. Restricting the interrogation solely to the jail premises, the court said, would impede the powers of the investigating agency.
The HC observed that, under SC precedents, judicial interference in investigations should remain limited to exceptional circumstances. It said an accused facing allegations of destroying CCTV evidence cannot simultaneously seek CCTV protection during interrogation, while stressing the need to balance the accused’s constitutional rights with the investigating agency’s powers.
Earlier, the Vijayawada Magistrate Court allowed Nagaraju’s custody only inside Rajamahendravaram Central Jail under CCTV surveillance. Challenging the restriction, the SIT moved the High Court, which heard both sides, reserved its verdict on Monday and modified the order on Tuesday.