Andhra Pradesh high court reserves order on SIT plea in Nagaraju case

Vijayawada: The Andhra Pradesh high court on Monday reserved orders on a plea filed by the special investigation team (SIT) seeking modification of conditions imposed by a Vijayawada court while granting police custody of suspended circle inspector Nagaraju, the prime accused in the disappearance of history-sheeter Gade Saikrishna.Justice K Maheswara Rao, after hearing arguments of both sides, said orders would be pronounced on Tuesday. Appearing for the SIT, public prosecutor Menda Lakshminarayana contended that the conditions imposed by the court below were hampering the investigation. He argued that the investigating officer has the discretion to decide the place and manner of interrogation, and that courts cannot interfere with that process.

He said the SIT had no objection to video recording of the interrogation, but opposed audio recording, contending that it could affect the investigation.Lakshminarayana told the HC that the offence occurred within the jurisdiction of Krishnalanka police station, and that the SIT may have to take the accused to various locations for crime-scene reconstruction and evidence recovery. He argued that preventing the SIT from taking the accused out of prison would render such investigative steps impossible.

He further stated that bringing Nagaraju to Krishnalanka police station for questioning would not violate his rights. If there were concerns regarding his safety in police custody, the SIT had no objection to shifting him back to Rajamahendravaram central jail after the day’s interrogation, he added.Arguing on behalf of Nagaraju, Challa Ajay Kumar submitted that provisions of the Bharatiya Nagarik Suraksha Sanhita (BNSS) require audio-video recording of the interrogation of an accused in police custody.

He said Nagaraju faced threat to life and, therefore, sought continuation of interrogation within Rajamahendravaram central jail, which has adequate facilities.The Vijayawada magistrate court on July 2 granted police custody of Nagaraju from July 3 to July 10, subject to conditions that he be interrogated inside the central jail in the presence of advocates nominated by him and that the entire process be audio- and video-recorded, with recordings preserved until further orders. Challenging those conditions, the SIT additional SP moved the HC seeking their modification or quashing.