While answering on a petition filed by social activist Swami Agnivesh and Babita- the widow of Pandey, to seek judicial probe in to the killings in July 2010, the apex court observed, "We cannot allow the Republic killing its own children."
Seeking an answer from the both the central and state government, a bench of justices Aftab Alam and R M Lodha said, "We hope there will be a answer. There will be a good and convincing answer."
Azad and Pandey were killed in an alleged fake counter in July 2010, in Adilabad district of Andhra Pradesh. The petition alleged that both of them were shot from very close range as is evident from the post-mortem reports.
Seeking a judicial probe to the killings, the petitioners referred to the fact-finding carried out by Coordination of Democratic Rights Organisations (CDRO), that both Azad and Pandey were killed by the Andhra Pradesh Police in violation of their rights under Articles 14 and 21 of the Constitution.