HYDERABAD: P Shyam Prasad, I Additional Junior Civil Judge cum Additional Judicial First Class Magistrate at Shadnagar, on Monday, October 11, 2021, deposed before the three-member judicial commission to probe the ‘encounter’ deaths of the four accused in the rape and murder of a veterinarian at Shadnagar in 2019. He had taken the accused to police custody for further investigation, after they were arrested and sent to judicial remand.
Shyam Prasad told the commission that while issuing the custody order, the accused were not physically present as they were not produced before him (by the police). But after seeing the signatures of the accused on the requisition by the police seeking custody and the Jailor, Central Prison, Cherlapally’s attestation on them, he was satisfied that a copy of the custody requisition was served on the accused. However, he did not ask the police why the accused were not produced before him.
The commission questioned him why he did not insist upon the accused’s physical presence particularly when the first remand was by an Executive Magistrate since the compliances relate to the fundamental rights relating to their life and liberty. In response, he said, “ I was satisfied with the earlier remand by the MRO (Executive Magistrate. So I did not insist on their physical presence.”
‘MRO’s order was fine’
Despite the order by the MRO being ‘cryptic and sketchy’, how did he, being a judicial officer, act upon it without inquiring about compliances, the commission questioned him. “ I did not find any mistake in the MRO’s order,” he replied.
Though his affidavit mentioned that notices were issued to the accused in connection with the custody requisition, he informed the commission that he did not issue any notice and that it was the police who had served notice on the accused.
‘Accused not presented’
Prasad said that while issuing the custody order, the accused were not physically present, but after seeing the signatures of the accused on the requisition by the police seeking custody, he was satisfied that a copy of the custody requisition was served.