Institute of Legal and Management Studies

The Supreme Court today ordered the Central Bureau of Investigation to take over the probe into the 2021 killing of lawyer couple Gattu Vaman Rao and PV Nagamani in Telangana's Peddapalli district, observing that the case requires further investigation.

A bench of Justice MM Sundresh and Justice N Kotiswar Singh was hearing a plea filed by Rao's father, Gattu Kishan Rao, who sought a CBI inquiry. He challenged the Telangana High Court's 2021 order disposing of his plea to transfer the investigation on the ground that the investigation was complete

The petitioner alleged that the offence was committed due to prior enmity, as the couple was pursuing a matter to expose certain persons. He also claimed that the investigation was not conducted properly despite the availability of a video in which one of the victims implicated another person, who was not made an accused.

The bench had earlier directed the state to verify the genuineness of the video and the recording. The state's affidavit in this regard stated that as per the forensic analysis, the video was genuine.

Considering this, the court said that due investigation was necessary. As the state had already conducted an investigation, the Supreme Court allowed the CBI to take over and file a final report.

“From the above, we are of the view that certainly the matter requires further investigation. We are not expressing anything on merits. Suffice it to state that the matter requires due investigation. Whether further investigation or de novo investigation is something which the investigation agency is at liberty to do so. As the state government has already made the investigation, we are inclined to allow the CBI to take up the investigation file a final report”, the Court ordered.

The Court also granted protection to the current accused but clarified that this would not prevent the CBI from arresting any proposed accused.

Background

Vaman Rao and Nagamani, both practising in the high court, were killed when two assailants intercepted their car near a village in Ramagiri Mandal and attacked them with knives and other weapons. In September 2020, they had approached the high court alleging police harassment and threats after they wrote a letter treated as a PIL over an alleged custodial death in Manthani police station. They had also filed several PILs on public issues in various courts.

The Telangana High Court had dismissed pleas seeking further investigation, noting that a comprehensive charge sheet had been filed before the Principal Judicial Magistrate of First Class, Manthani, on May 19, 2021, and that committal to the Principal District and Sessions Court at Karimnagar was awaited. The petitioner challenged this order before the Supreme Court in the present case.

Senior Advocate Dr Menaka Guruswamy appeared for the petitioners.

Case no. – SLP(Crl) No. 9145/2021

Case Title – Gattu Kishan Rao v. State of Telangana