SC asks Andhra Pradesh whether it can set up special courts to try jailed Maoist leader

New Delhi: The Supreme Court asked the Andhra Pradesh government on Monday to apprise it whether it can set up special courts for the trial of jailed Maoist leader Duna Keshav Rao alias Azad, who surrendered in 2011.

A bench of Justices Surya Kant and N Kotiswar Singh was told by the counsel for the Odisha government that following consultations with the chief justice of the high court, it has been decided that special courts will be set up in three districts to hold Rao's trial and a notification in this regard is likely to be issued in the next two weeks.

The counsel for the Andhra Pradesh government intervened to say that Rao has more than a dozen cases, mostly related to the offence of murder, pending against him in the southern state.

"Why don't you also do the same thing like the Odisha government? Consider setting up special courts for a speedy trial in these cases," the bench told the counsel for Andhra Pradesh.

Advocate Mohammad Irshad Hanif, appearing in the matter on behalf of Rao, said the Andhra Pradesh Police has not even arrested his client in these cases that are being flagged now.

Once considered one of the most-dreaded Maoist commanders operating in Odisha and Andhra Pradesh, Rao was a member of the CPI (Maoist) Orissa State Organising Committee. He surrendered before the Hyderabad Police on May 18, 2011.

Rao had approached the top court alleging that he was being booked in false cases one after another and the Odisha and Andhra Pradesh governments ought to honour their assurances given to him that he would be allowed to lead a normal life by joining the mainstream of the society.

The Odisha government had earlier told the apex court that Rao was acquitted in 10 cases, whereas 37 cases were still pending against him.

On December 20, 2024, the Supreme Court issued a notice on his plea and sought the responses of both governments.

The Odisha Police later took his custody, which Rao alleged was a breach of trust and faith on the part of the Andhra Pradesh government as he had surrendered under the rehabilitation policy of the southern state.

"The petitioner surrendered to the government of Andhra Pradesh with the hope that he would be allowed to lead a normal life by joining the mainstream of the society. His dreams were completely shattered when he was brought to Odisha on the pretext of a formal enquiry and booked in a number of false cases. The petitioner is being booked in false cases on periodic intervals, with the sole intention to keep the petitioner in jail for an indefinite period," he told the top court.

Rao's plea sought directions to both the state governments to complete the trial of all pending cases against him in a time-bound manner, preferably within six months.

It also sought the transfer of all criminal cases for an effective and smooth prosecution and completion of trials at one court, preferably in Odisha's Bhubaneswar.

The Odisha government booked him in 14 more criminal cases last year, a classic example of abuse of process as well as a flagrant infringement of the fundamental rights of a citizen, Rao said.

"Respondent No.2 i.e. the state of Andhra Pradesh to whom the petitioner had surrendered breached the faith and trust of the petitioner by handing him over to respondent no.1 i.e. the state of Odisha without ... warrant and without producing before the local magistrate.

"The state of Andhra Pradesh gave a free hand to implicate the petitioner in a number of false criminal cases. Respondent No.2 i.e. the state of Andhra Pradesh failed to keep its promise and further failed to monitor the trials of the petitioner ensuring the fairness of trials and also ensuring that the petitioner is not further booked in false cases," his plea said.

Rao submitted that the Andhra Pradesh government gave a reward of Rs 10 lakh as an incentive to the petitioner to surrender but the latter never knew that he would be kept in custody for more than 14 years.

"The petitioner was framed in various cases by the Odisha Police completely on fake narratives. Needless to mention herein that the very motive and purpose of the government initiatives of the LWE surrender-cum-rehabilitation policy seems to be getting failed when people like the petitioner are subjected to false cases and remain in jail for an indefinite period, which is sending a wrong message to the misguided youths who have been contemplating to abjure violence," his plea said.