Illegal remand: Telangana HC notices to Junior Civil Judge, Circle Inspector and Sub-Inspector

Justice Vijaysen observed that prima facie the remand in the case was contrary to the law and the judgments rendered by the Supreme Court

Hyderabad: Justice B Vijaysen Reddy of the Telangana High Court directed notices to the Junior Civil Judge-Cum-Judicial Magistrate of First Class, Kondapaka Praveen Kumar, Circle Inspector, Peddapalli and Sub-Inspector J Lakshman Rao following the arrest and alleged illegal remand of Kollpaka Krishna.

Krishna’s counsel contended that Krishna was implicated in a case for offences where the maximum punishment was only two years.

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Further, it was stated that, in offences involving punishment up to 7 years, the police cannot arrest a person without assigning proper reasons for arrest and the magistrate accepting remand has to satisfy that detention was necessary.

The police made an illegal arrest and the judge authorised the detention in violation of Section 35 of BNSS and Supreme Court judgment in the Arnesh Kumar case, the petitioner argued.

Justice Vijaysen observed that prima facie the remand in the case was contrary to the law and the judgments rendered by the Supreme Court. The judge accordingly directed the issuance of personal notice to the Junior Civil Judge of Pedappalli court and the police authorities.

The judge scheduled the matter for further hearing on March 19.