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Tamil Research Institution (TRI)
conclusion. A judicial enquiry as envisaged under section 176(1)A of the CrPC needs
to be conducted by a Judicial Magistrate as mandated by law and not a magisterial
enquiry by an executive magistrate as is presently being carried out by the AP
government in all such cases since the Criminal Procedure Code has been amended
in 2009. .
IV.
The statements of all relevant survivors, witnesses and respective family members
be recorded before a Judicial Magistrate u/s.164 CrPC having jurisdiction over the
area where they are presently located/residents of. Since 14 out of the 20 deceased
victims belonged to the ST community, a case to also be registered under the
provisions of the SC /ST Prevention of Atrocities Act 1989.
V. The post-mortems’ report needs to be made available to each of the families as well
as to all those who have intervened on behalf of the deceased. It is believed that
viscera and DNA have been preserved properly and as required in all 20 cases. It is
also believed that Gunshot Residue (GSR) has been taken in all the 20 cases. The
fact finding team is aware about the forensic expert panel of the NHRC. This
specialised panel should re-examine all the post-mortem reports, the video footage
as to be followed under NHRC guidelines, viscera, DNA and GSR as urgently as
possible and present their report to the NHRC for its urgent action with copies of the
same being made available to the families of the deceased. .
VI.
The NHRC has already ordered for police register, log books, GD entries and any
other documents relating to the incident for not be destroyed, tampered with or
weeded out during the pendency of the NHRC proceedings. However, none of these
orders were carried out even as late as on the 23 rd April 2015. The NHRC should
make a special note of the wireless recordings and transcripts and order the same in
this regard. Wireless transcripts are crucial evidence in the case as prima facie the
case appears to be of a planned execution. The NHRC has to, in as much as this is a
case that has also been initiated suo motto by it, to place this case for regular
hearings before it to make sure that its interim orders are strictly adhered by the AP
Government and others.
VII. The mobile call records from 5 th – 8 th April of all the APRS-STF officials and
members, Forest officials in the District and members and concerned Andhra
Pradesh police officials like the District Magistrate Tirupati, the Superintendent of
Police Tirupati and members to also be submitted to the NHRC and to the concerned
investigation agency. The same applies for all the 20 deceased victims and their
mobile call records to also be submitted.
VIII.
A large number of under trials are understood to be languishing in the prisons of
Andhra Pradesh for several years now under the charges of smuggling of red
sanders wood. All of them are labourers and are economical weak. There has been
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