The Andhra Pradesh high court on Friday dismissed a habeas corpus petition seeking the whereabouts of Communist Party of India (Maoist) general secretary Thippiri Tirupati alias Devji and another central committee member Malla Raji Reddy alias Sangram, ruling that there is no prima facie evidence to show they are in police custody, people familiar with the matter said.
A division bench of the state high court, comprising Justice Manavendranath Roy and Justice Tuhin Kumar, observed that the material placed before the court did not establish that the two leaders were detained by the police.
The bench, however, clarified that if any concrete evidence emerges in the future, the petitioners are free to approach the court again.
The habeas corpus petition was filed by Devji’s brother Tippiri Gangadhar of Telangana’s Korutla and Raji Reddy’s daughter Malla Snehalatha from Hyderabad, seeking the high court’s directions to produce the two leaders.
Arguing for the petitioners, advocate U Jai Bhimrao said there were apprehensions that Devji and Raji Reddy were arrested after the November 18 encounter at Marudimillin in Alluri Sitarama Raju district, in which the most-wanted Maoist commander, Madvi Hidma, and five others were killed in an exchange of fire.
Bhimrao pointed out that senior police officials had stated in media briefings that nine key leaders were taken into custody — a video of which was submitted to the court.
{{/usCountry}}Bhimrao pointed out that senior police officials had stated in media briefings that nine key leaders were taken into custody — a video of which was submitted to the court.
{{/usCountry}}Special government pleader (SGP) T Vishnu Teja told the court that all 50 Maoists arrested after recent operations were produced before jurisdictional magistrates, and the petitioners’ claim that Devi and Raji Reddy were secretly detained was based merely on “apprehensions”.
He clarified that the two Maoist leaders were not in the custody of the police. The senior police official was only referring to the arrest of nine Maoists who were part of the personal security team of Devji, the SGP said.
After examining the video footage and the media clippings submitted by the petitioner’s counsel, the high court bench noted that security personnel had stated that certain Maoists were under their control but nowhere did they say that Devji and Raji Reddy were in their custody.
However, the court also observed that when specifically asked about Devji, senior police officials clearly stated on record that he was not in their custody. The bench concluded that the video did not, in any form, establish the detention of Devji or Raji Reddy.
With no substantive evidence shown, the court ruled out any intervention under habeas corpus jurisdiction. Holding that the claim of illegal detention was unsubstantiated, the high court closed the petition.
It reiterated that the petitioners could seek legal remedy again if credible evidence of custody surfaces.
Will Devji, Raji Reddy surrender in Telangana?
Meanwhile, a senior Telangana police official, on condition of anonymity, said that Devji and Raji Reddy, along with four Telangana state committee members of the Maoist party and dozens of cadres might surrender before Telangana police shortly.
“Following the information that Devji and others are willing to surrender before the Telangana police, the state special intelligence branch (SIB) is coordinating the process, and we are expecting that it may materialise in the next few days,” the official said.
However, three other top central committee members from Telangana, including Pasunoori Narahari alias Santosh from Hanumakonda, currently heading the Bihar–Jharkhand special area committee, Paka Hanmanthu alias Uike Ganesh from Pullemla in Nalgonda district, guiding the south regional bureau and Bade Chokka Rao alias Damodar, secretary of the Telangana state committee, are still reluctant to surrender and want to continue in the movement, he said.
The CPI (Maoist) lost several top leaders from the Telugu states in the recent past. While Nambala Kesava Rao alias Basvaraj was killed in the police encounter at Abujhmad on May 21, other central committee members — Chalapathi, Modem Balakrishna, Ganesh, Katta Ramachandra Reddy, Kadari Satyanarayana Reddy, and Madvi Hidma — were killed in encounters.
Senior leaders Mallojula Venugopal alias Sonu and Takkallapalli Vasudeva Rao alias Ashanna alias Rupesh surrendered, while Pulluri Prasada Rao alias Chandranna and Bandi Prakash withdrew from the movement due to ill-health.
The whereabouts of former CPI (Maoist) general secretary Muppala Lakshman Rao alias Ganapathi remain unknown. Although past rumours suggested he had slipped out of the country via Nepal, intelligence officials dismiss these as speculation.
The Telangana police official quoted above said Ganapathi was residing in Abujhmad until last year, but was moved to a different location just days before Operation Kagar began and his current location is unconfirmed.